Workers Compensation

There are already millions of unionized workers in right to work states.

What there is NOT is mandatory dues paying. Workers individually decide how much to pay unions for the services they provide.

Since individual workers generally pay unions less than the union wants in "full dues", unions in RTW states have less political clout (that is , MONEY) than unions in states where workers must pay whatever dues the union demands or lose their jobs.

RTW states are economically stronger than mandatory membership / mandatory dues states.

Voters do not favor reducing a state's economic strength.

Of course ...

People go without it all the time. That doesn't mean they should. One state, NJ, requires WC coverage in home insurance, in a limited amount. Some states (eg NY) require Homeowners Insurance policy to respond to WC injury for some home employees. In most states, if you hire someone to work around your home, and that person gets injured on the job and does not have his or her own Workers' Comp coverage, you're the employer and the injured worker can either sue you or look for WC benefits. Talk to a local insurance agent.

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It all depends on how and why you were laid off, the length of total time worked and income in the base period, and how soon you file your claim. Check with EDD.

Unless your state is different, you normally receive workers comp only if you are unable to work.

Yes. When you receive a bill from your employer that would mean that they can bill you for the medical insurance while you were employed by them.

Amounts you receive as workers' compensation for an occupational sickness or injury are fully exempt from tax if they are paid under a workers' compensation act or a statute in the nature of a workers' compensation act. The exemption also applies to your survivors. The exemption, however, does not apply to retirement plan benefits you receive based on your age, length of service, or prior contributions to the plan, even if you retired because of an occupational sickness or injury.

If part of your workers' compensation reduces your social security or equivalent railroad retirement benefits received, that part is considered social security (or equivalent railroad retirement) benefits and may be taxable. For a discussion of the taxability of these benefits, see Other Income under Miscellaneous Income, later.

Go to the IRS web site and use the search box for Publication 525 Taxable and Nontaxable income

Each state has different laws related to workman's compensation insurance. Generally, your claim would be denied if you are not directly participating in working activities. However, if you can justify why your injury was caused by your work, your claim might be paid. If you were just driving to work and got in an accident, you probably would not be covered, unless you can show how working overtime for four days in a row prior to your accident caused you to be too tired to drive. However, you would need to be careful about using this argument, because you will need to admit that you should not have been driving. Bottom line is that it is best to discuss your situation with an attorney who specializes in workman's compensation claims.

If you have a liability policy (as in with your automobile insurance), you most likely would be covered. You would need to check your policy. If you try to file a claim against your employer's liability insurance policy, you probably would have a weaker case than trying to file under workman's compensation. Again, your best bet is to consult an attorney.

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Your attorney, Judge or the payer of the may be able to tell you if you will have any taxable income from this settlement amount.

You will not be receiving the amount until 2010 and if you receive a 1099 with some information on it after the end of the the year or other taxable income information form you will have some taxable income that you will have to report on your 1040 income tax return for the year 2010.

Amounts you receive as workers' compensation for an occupational sickness or injury are fully exempt from tax if they are paid under a workers' compensation act or a statute in the nature of a workers' compensation act. The exemption also applies to your survivors. The exemption, however, does not apply to retirement plan benefits you receive based on your age, length of service, or prior contributions to the plan, even if you retired because of an occupational sickness or injury.

If part of your workers' compensation reduces your social security or equivalent railroad retirement benefits received, that part is considered social security (or equivalent railroad retirement) benefits and may be taxable. For a discussion of the taxability of these benefits, see Other Income under Miscellaneous Income, later.

Go to the IRS gov web site and use the search box for Publication 525 Taxable and Nontaxable income

Click on the below Related Link

Taxi No. 9211

If your primary employer does not have work for you and told you to stay out on workers comp until you can work full duty then you need to not work at another job while you are on workers comp.

yes.

In California you are in a better position if you filed a claim or told your employer you were injured and needed medical treatment before you walked off the job. Quitting is not a bar to workers comp under all circumstances, especially if you had previously reported the claim. You will probably need an attorney because your employer or carrier will likely deny the claim.

The problem with spending Medicare set aside money for things other than medical treatment is that Medicare will refuse to pay medical bills and providers won't perform treatment when you run out of set aside money. You won't be able to document that all the set aside money was spent on medical expenses and will have no one to pay for your medical treatment. Medicare won't give you permission to do this because it will cause many problems later. They will say you misspent the money. They won't pay for treatment until you have receipts documenting how all the set aside money was spent on medical treatment.

I don't live in CA and I am not a lawyer but I do know that it depends on how your case was settled. If you settled your case as a closed case you would have probably received a larger payout but you are unable to collect additional monies from the insurance company. If it is settled as an open case you can still be covered for future expenses. I am not sure if there is a time cap on that.

I have heard that it is very easy to get carpal tunnel again after you've had surgery for it once. This is especially so if you continue to do repetitive motion work. You may or may not be able to have the workers comp insurance company from before pay for doctors bills. This depends on how you settled your original claim. If it was setteled as an open ended claim you may still be able to collect. I am not sure if there is a time cap on that. But if this is a new injury after you were declared as fully healed after your last surgery you will need to obtain workers comp again through your new employer or if its the same employer file a new claim. (they may not have the same insurance company still). Please note I am not a lawyer and this is just from what I have read and understand to be true since my husband has received carpal tunnel surgery and is involved in a workers comp suit.

In any case, minimum wage, unless other wise agreed (more money) with your employer.

As prescribed by your doctor. Your employer needs to comply fully.

Due to the injury which has been accidently so we can't finsih our job as soon as possible, not only that no time to and also it is due to the less hour, the salary is less than that of which asked in the other company so, please after my inury gets cleared, and if my salary get raised i may finish my job which is given to be it is because no compensation for the injury which i have in the office timings so please reconsider and give my compensation also . Thankyou

K.shanmugapriya

You must identify the employee as clearly as possible. If you know the employee's name or partial name, you must provide it.

An employer is required by federal law to provide FMLA benefits - 12 weeks of unpaid leave per year - to employees. If you have terminated your employment by retiring, you are no longer an employee, and you would continue your health insurance through COBRA.

Depending on your injury (at work or.., and the severity of it), you might be eligible for your state's workman's comp or the SSI (which is for the aged, blind, or DISABLED). See the Related Link below below for SSI information, and your state's unemployment office for particulars if you were injured on the job. If your injury isn't serious, file a claim with the state office.