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Workers Compensation

Employment often results in injuries due to hazardous conditions or accidents. Workers Compensation is mandated by laws and specific rules apply to the collection and award to provide payments to the employee.

2,520 Questions

What is the purpose of the department of Veterans Affairs?

The main purpose of the United States Department of Veterans Affairs is to assist and care for veterans and provide them any help in which is needed.

The answer given would be legally correct. However the VA employees follow what their superiors tell them to do. It makes no difference to them if a situation a vet5 has needs to be followed according to 38USC or 38CFR. Then there are the VA Directives that purport to correct what I would call descrepencies in the laws. VA employees when receiving these either don't read them, don't follow them, or just don't care to even be bothered by them. Not all are this way. I can't fault those who try, but are they being directed by there boss?

Can a spouse get paid if they need to take work off to care for injured person who is rec'ing workers comp?

The spouse can only be paid if they have vacation or other paid time off granted by their employer. Otherwise, the spouse is only entitled to 12 unpaid weeks of time off under the FMLA.

How do state legislators get their job?

By being elected into office by their constituents.

How can you acquire medical records?

One always has a right to one's own medical records. However, the health care provider generally has a right to impose a reasonable charge for assembling and copying the records.

Acquisition of any other person's records requires that person's written authorization for their release. Typically, the health care provider will have a standard form to be signed for that purpose.

Must a secretary working as an independent contractor carry workman's compensation?

Probably so, because in many states, if the contractor doesn't have Workers Comp, the general contractor or even the property owner is responsible for carrying it. It doesn't matter what the job is. I personally think everyone should be covered by Comp or an alternative, such as Occupational Accident or a self-insured plan. Even if you have health insurance, if you're injured on the job - even if it's in an auto accident on your way to the bank for your business, if you're seriously injured and can't work for years, who will pay those health insurance premiums and lost wages? Comp has lifetime medical for work-related injuries. Occupational Accident is available in most states, and you can customize it for yourself and for any executives, partners or others that may be eligible to be excluded - or for any employee who opts out (rare.) It can work alone or in conjunction with Comp.

What is the Difference between workman compensation and group life scheme?

Workers compensation is considered a sole remedy for first party injuries occurring at work. WC pays for the employees hospital bills and indemnity (payroll while off work). This is designed so the employee does not have to sue the employer to have bills paid. This also precludes the employee from being able to sue the employer. The employer can however be sued by the spouse or children due to the injured worker no longer being able to perform certain duties as a parent or husband. Employers Liabilityis a coverage for employers (in non-Monopolistic states called stop Gap) which covers them for lawsuits by family members or significant others who make claims against the employer for loss of consortium or other such claims in which the injured worker will no longer be capable of performing due to that specific injury. Fortunately, these are very hard to prove. Kevin Mershimer, CIC, CSP, OHST

If you are on full disability and you need pain medication can workmans comp make you drive two hours to work to find light duty?

If your employer forces employees to work in a light duty status when injured on duty then they also have to offer light duty work to employees with non-work related injuries. If the employer refuses to do this the employee will be able to collect unemployment compensation.

Q. What happens if an employee disagrees with the insurance company on a workers' compensation claim denial?

A. The employee may request assistance from an Information and Assistance Officer who will attempt to help resolve the dispute informally. If that effort fails, the employee can file an application for adjudication with the Workers' Compensation Appeals Board, (WCAB). The Information and Assistance Officer may be able to assist with this filing unless the injured worker has retained a private attorney. The WCAB has exclusive jurisdiction for resolution of the dispute.

http://quotit.net/resources/workcomp.pdf

You might also want to check out this website http://www.geocities.com/la_rsi/index.html

For more info. see www.steveshorr.com/workers.comp.htm

Can an employer refuse to pay for a medical reimbursement expense?

According to what I have just read on the web, an employer can refuse to pay for a medical reimbursement expense on the grounds that it does not meet the parameters of the reimbursement fund as defined in the original plan. It is recommended that a third party administer the reimbursements because of potential hard feelings and because it can be difficult to determine whether an expense meets the correct criteria. Speaking as a small business employer, having a third party administer the plan and determine the reimbursements probably adds another layer of expense, and if one is barely able to meet funding requirements to provide the reimbursements to begin with, might be undesirable.

How does an independent contractor sue for wages?

D

IC's are not DUE wages; employees are. IC's are due progress payments or completion payments, as specified in their contracts.

Courts will accept contract enforcement suits.

What information should be included in an incident investigation report?

The institution or business has policies that define what should be included in an incident report. All such reports simply state "the facts", even if "the facts" differ according to various parties. The report states the Who, What, When, Where, and What action was taken. It should not make an attempt to answer 'Why" or to assign blame. For example, a customer might report, "I fell on the icy sidewalk" which is written on the incident report. The report might describe the sidewalk conditions: "Sidewalk was clear and dry at 8am but at 10am a light dusting of snow had fallen." It may state a corrective action: "Custodian applied more rock salt to the area." It likely states whether the customer needed or requested medical services: "Customer did not want an ambulance but a call was made anyway. Customer was checked by paramedics but refused transport to the hospital."

Emotions and blaming do not belong in incident reports.

How many workers work at Sam's Club?

It depends on what department. There are a few hundred employees at the store I work at, spread throughout several different departments.

Can a positive urine analysis for marijuana affect your workmen's comp case?

Yes. If it can be shown that your drug use contributed to or caused the accident or injury, your claim may be limited or denied.

What is claims Adjudication?

The termination of a claim...this can be by settlement or dismissal.

The claims adjudication process consists of receiving a claim from an insured person and then utilizing software to process the claims and make a decision or process the claim manually.

In the late nineteenth century employers always had the advantage over workers in labor disputes Which of the following tactics used by employers gave them this advantage?

A. The ability to hire and fire workers at will.

B. The use of the "yellow dog" contract.

C. The willingness of governmental authorities to send troops to break strikes.

D. The use of court injunctions against strikers.

E. All of the above.

Answer is All of the above.

Do you have to pay income taxes on workers comp in KY?

Workman's compensation benefits are non-taxable, so you are exempt from having to claim anything you receive in workman's comp on your state or federal income taxes.

Does all carpal tunnel cases get compensation?

Absolutely not. With any work comp injury you have to show one, that is was caused by work and two, that you were damaged..typically permanently. For instance if you had a severe case of CTS that came to surgery and you improved and had total use of hands again you would not get a settlement or compensation...because you were made whole again. Now, you should have all your medical bills paid for the care you received if it was due to and proven to be because of your job.

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