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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 involved in setting the stage for compensation?

Competition for employees is often involved in setting the stage for compensation. Employees should be compensated for the amount of work they do as well as how well they do the job.

How do you file an injury compensation claim?

If you wish to file an injury compensation claim you must find an attorney that will file the paperwork first. The court looks at the documents to see if you have grounds for a lawsuit before you go to court.

Answer:

First and foremost, you need to contact your employer and file the so-called "First Notice of Injury", as soon as possible.

Can you quit your job due disability due to breathing in chemical factory and collect unemployment?

If you have an injury, or illness related to your work, supported by a medical diagnosis, you may be eligible for Worker's Compensation. Unemployment generally requires that you be unemployed through no fault of your own, and available for work.

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Most states allow a worker to voluntarily quit if the working conditions are hazardous. It's best to check with your own state's employment office for clarification.

When your injured on the job how many days to you have to file a claim with State Compensation?

To know that (or be able to look it up) one must know what state you are asking about.

Why don't you simply call your state Labor Board or Agency and ask?

Does a company have to pay you vacation earned if your are terminated in Oklahoma?

The situation is a little complicated.

Employers are required to abide by their explicit statements of policy regarding vacation pay.

That is, if they say in your employment contract or employee handbook that they will pay out accrued vacation, then they have to.

If they don't mention it, then they don't have to.

If they have historically done so, you could probably argue that that constitutes established policy, even if it's not actually written down anywhere.

But the bottom line is as long as they never do it and never say they will, Oklahoma law does not require them to.

Does a dump truck driver have workers compensation?

Yes, there are different compensation for a dump truck driver. Each job will depend on the boss as well as the location as to what type of compensation is given out.

Which line requires compensation?

Basically an AC transmission line require compensation in terms of reactive power. To push the active power across a transmission line certain amount of reactive power is necessary. In AC transmission line reactive power is generated and consumed. Generator is responsible for the production of reactive and active power both. Than this reactive power is consumed by the load and transmission line. Additional reactive power s supplied by the capacitor. This extra power supplied by the capacitor is termed as reactive power compensation. Requirement of this reactive power is there because reactive power is necessary to maintain the voltage stability.

Is it legal to terminate an employee while they are receiving workman's compensation in PA?

It is always lawful for employers to discharge employees, for good reason, bad reason, or no reason, as long as no statute or contract is violated.

The WC statutes do not prohibit firing WC beneficiaries - they prohibit firing employees BECAUSE they claimed WC. An employee with a bad attendance problem , or a thief, can be fired after claiming WC, just not BECAUSE of the WC claim.

What is the advantage or disadvantage to having workman's comp insurance separate from your general liability insurance?

They cover different contingencies, so it is not really a question of "advantage" or "disadvantage". Furthermore, they are written on different "forms" (contracts), although the same commercial insurance agent may be able to place both coverages, sometimes with the same insurer. If so, there may be some sort of "package policy" available so that the insurer allows a discount in premium if the "package" is purchased.

Workers compensation insurance is often required by State law for employers having a given number of employees. It is intended to ensure that medical expenses and a percentage of lost wages sustained by the employee are paid if an injury occurs within the "course and scope" of employment. Whether an injury occurred within the course and scope of employment is often in dispute when a claim is made and may be raised as a defense by the employer (or, more accurately, the workers compensation insurer of the employer).

General liability coverage is different. It may not be required by law, but may be required by the contract between the provider of services and the recipient of services. An example might be a general contractor and a company that wishes a new roof on its building. Like other insurance, general liability coverage transfers the risk of loss from the insured to the insurer in return for the payment of a premium. This benefits the contractor by limiting its financial risk for money damages arising from a mishap covered by the policy. It benefits the injured party by ensuring that is a stable source of funding for compensation for the damages.

How much money is your work comp back claim worth?

Depends- federal workers comp has its own set o federal guidelines than state workers comp. One almost remember that workers comp is a insurance company so the money you receive depends upon many variables - such as your type of injury - you MMI percentage of disability based on the AMA 6 th edition and if you are able to hold gainful employment based on your injury. State comp wants a "one time settlement" where federal comp does a scheduled award. I would recommend before you agree to a settlement from state comp that you either research or hire a attorney. People do not understand that insurance companies low-ball the settlement offers and the settlement money is for The duration of your life span. You can't go back and ask for more under state comp. State comp loves settlements- it gets them off the "long-term" hook Ans the employee gets the shaft because what the employee doesnt understand is that the settlement money is to be uses to cover all future medical expenses to include medicines- test-X-rays And doctors visits and heaven forbid If you require additional surgeries because they are also paid from you settlement. How long do you think that money will last? Most people see $ signs Ans don't look at what they are "settling " for long term.

Again- the amount of money you are entitled to depends upon the type of injury you have And the long term affects of that injury to include limited mobility And future employment

Do you need a license to operate an electric pallet truck?

Regulations vary by state and employers. typically this is more a matter of the preferences of a company's insurance provider.

Can you collect unemployment if you were released from Workman's Comp and your employer has no job opening for you to return to?

Yes, you should be able to because you lost your job through no fault of your own. Check with your state's employment security office for clarification.

What is the compensation when employer underpays?

They need to give you back pay. If they don't, contact the company. Or alert the work place people

Can you get paid in 1099 and still receive workers comp?

First. My answers are for U.S. Employees ONLY.

If you're a 1099 employee and you work in any setting, You are covered by Workman's Comp. If you work for a company and they pay you 1099, but you work for them, same place every day, etc, they MUST carry Workmans Comp insurance to cover you.

Now there are a couple of exceptions. For instance you are, or work for ABC cleaning company. If you submit a bill or a bill is submitted on your behalf to garner payment, then it is the bill generators responsability to cover you with Workmans Comp Insurance.

If the employer informes you he does and will not carry this type of insurace, and you agree and sign off and are compensated for said lack of coverage, then your "employer" need not carry Workmans Comp Insurance on you.

If you want complete details of who and what coverages need to be carried go to Google.com and search Workmans Comp rules & regulations for YOUR STATE or Country, as all states/countries vary a small amount.

Can you collect social security disibility payments and employors long term disibility payments at the same time?

LTD is a private insurance policy, not a gov't benefit. Some LTD policies pay benefits even if you receive SS disability - ours does.

Is armed robbery attack covered by workmen's compensation insurance?

A worker injured in the course of employment ("on the clock") and the scope of employment (performing assigned duties) is covered - other workers are not covered.

Can you sue your employer for not giving you your job back after returning from disabilty leave?

That depends on what "disability leave" you took. If the employer granted you FMLA leave, then you must be restored to your old job (or a job EXACTLY like it) even if the employer must fire some one to create the vacancy.

If you were just off sick or injured, you have no right to your job back, unless found in a union contract. Employers own the jobs and hand them out as they wish - the job is not "yours", but theirs.

Is the widowentitled for workmen's compensation?

If a married worker is killed in the course of employment, the surviving spouse is awarded a lump sum or annuity of WC benefits and can never sue the employer for fault or negligence.