Workers Comp Law Georgia

This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

What is Workers’ Compensation?

In Georgia, Workers’ Compensation operates as a "no fault" system for compensating injured workers for time missed from work and for costs of necessary medical treatment. The system presents trade-offs for Georgia workers. While it bars claims against an employer for personal injury, it also bars some of the defenses an employer could use against a workers’ claim such as "assumption of the risk" or that the injury was caused by a fellow employee.

  workers comp lawyer georgia

This system means you cannot sue your employer in State/Superior court for your injuries, like you would in other instances. Instead, an injured employee is compensated according to a schedule set out by the Georgia State Board of Workers’ Compensation. Sadly, this means you will not be able to sue your employer for such things as pain and suffering from your injuries.

Exactly who is allowed to make a Georgia Workers’ Comp claim?

The foundation of workers’ compensation law is in defining who is an employer and an employee for workers’ compensation purposes. Unfortunately, it is not always as simple as "I work for Company X, therefore Company X is my employer and I am his employee."

The basic rule as to whether an employee/employer relationship exists involves two seemingly simple criteria; 1) a person in the service of another, who is 2) under contract of hire.

There is no requirement that a work contract be written. Actual pay may not be necessary (ex. Volunteer firefighters or police, elected officials). Minors can still benefit from workers’ compensation even if they are working in violation of child labor laws. Also, unlike many states, migrant workers and temporary employees are covered.

However, many types of employment or employers are not subject to workers’ compensation. Types of employment not covered by Georgia Workers’ Compensation include Domestic servants, Farm laborers, Railroad common carriers, Sports officials (umpire, judge, linesman, scorekeeper, timekeeper, etc.), Licensed real estate salespersons with independent contractor agreements, Partners in a business, and Independent Contractors.

Georgia Workers Compensation does NOT apply to employers that do not have at least three employees operating in the same business within Georgia. These minimum three employees must be "regularly in service" within the state. The term "regularly" does not mean constantly or continuously, only that there is a routine practice by the employer to utilize three or more employees, even if that many employees are working on the date of an accident. In most situations your boss will count towards the three employee requirement.

Independent Contractors

Employers often do everything they can to classify their employees as independent contractors to protect themselves from having to pay workers’ compensation to their injured employees. There may be a debate as to whether you are in fact an independent contractor, but if you one, you are not entitled to workers’ compensation. While it can be complicated determining whether you are an employee or an independent contractor, below are some of the factors to look at in determining your status:

CONTRACT – Existence of an independent contractor agreement signed by the worker

PAY – An hourly or salaried worker is likely an employee. When a worker is paid on a per-job basis he may be viewed as an independent contractor.

TAXES – If an employer withholds taxes, the worker is more likely an employee. However, just because your wages are reported on 1099 tax form instead of a W-2, your employer has not automatically made you an independent contractor.

TYPE OF WORK – If the workers’ job is part of the regular business of the employer, rather than some additional service to the business, it would favor the employer/employee relationship.

JOB "TOOLS" – Who supplies the tools, supplies, or materials of the job? If the worker supplies all their own tools and materials it likely indicates an independent contractor relationship.

HOURS – If the employer controls a workers’ hours, it likely indicates an employment relationship.

OVERALL CONTROL – If the employer controls how a worker does their job, as opposed to simply requiring certain results, the worker is likely an employee. These "how" factors focus on the hours, manner, methods, and means of performing the work.

The Workers’ Compensation Insurance Georgia

In Georgia, if an employer/insurer controverts or denies your workers’ compensation claim, they have no obligation to pay for any medical treatment if and until you either (a) come to an agreement whereby your case is deemed compensable. 

Worker’s Compensation Claim in Georgia

To have a valid worker’s compensation claim in Georgia the injured worker must have an "injury by accident which arises out of and in the course of his or her employment" per the Worker’s Compensation Act of Georgia. 

Georgia Workers Compensation Benefits

This means that creditors cannot garnish your workers compensation benefits. The only exception is that your workers comp benefits are not protected from claims relating to child support, alimony, or tax claims.
 

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Workers Compensation Claims

The Need-to-knows Of Workers Compensation

In the event that you are injured on the job, your employer must provide you with prompt medical attention to include medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits or vocational rehabilitation and/or death benefits.

If you are injured at work, your employer makes the initial choice of your medical physician for your injuries. Many companies have a network of medical professionals that you have the choice between. After a 30-day period, you are able to choose your own physician. In the event that your employer does not post notice of workers compensation rights, which is required, you have the right to receive medical care from your physician of choice from the time of injury.

Injured workers who are able to return to work as quickly as possible have the best outcomes and do not suffer significant income decreases. When you go back to work is decided by your doctor, your employer and your claims administrator. If you doctor prohibits you from going back to work, you cannot be required by your employer to return to work. If you are allowed to return to work with restrictions, your employer must be willing to work with those restrictions in order for you to return to work. If you are allowed to return to work with restrictions and your employer is not willing or able to make accommodations for those restrictions, you cannot return to work.

When returning to work, if you are no longer able to perform your prior job duties due to your injuries, your employer is encouraged to give you alternative work which you are able to perform instead of giving you supplemental job displacement benefits. The alternative work must last at least 12 months and must pay at least 85% of what you were paid at the time of injury. The alternative work must also be within a reasonable commuting distance. In some cases, a position change is not necessary since the employer can make special accommodations for the injured worker to continue their job.

In some cases there are disagreements and conflicts that arise between the injured employee and the insurance company and employer. These disagreements are usually when the injury is severe and long lasting, and therefore costly to the insurance company and employer, or if the insurance company and/or the employer do not believe that you were injured at work. These situations usually do not arise, but if they do, it is necessary to find a lawyer that you can trust who specializes in workers compensation to help you receive the medical and monetary benefits of workers compensation. If you find yourself in this situation, please feel free to give us a call at the Sexton Law Firm for a free consultation. We specialize in workers compensation cases and can answer any of your questions that you may have regarding your claim.

By: johnzon

Article Directory: http://www.articledashboard.com

The Sexton Law Firm proudly serves the San Diego area. Get your questions answered by an experienced and knowledgeable California Workers Compensation Attorney. To speak with a local attorney for free, contact The Sexton Law Firm to set up an appointment. Phone: 619-476-9436 Fax: 619-476-9258 www.jamessextonlaw.com

WorkersCompensation

If you are reading this, you have an interest in workers’ compensation and workplace health and safety. If you are looking for an academic treatise or a news feed, this is not the site for you.

Clamping Down on Claim Costs

Regardless of whether or not workers’ comp claim numbers go up, cost-cutting measures are the order of the day in all areas of operation. Claim management is no exception.


Filing for a Workers’ Compensation Claim

It is illegal for employors to terminate the services of an employee who has suffered injured at work, as also not to hire a worker for having filed or reported a workplace injury or a workers’ compensation claim.

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Workmans Comp Florida

Workers Compensation Fl Realities

The sunny state of Florida is well known for its warm temperatures, nice weather, and beautiful attractions. It has a lot of things to offer children, adults, elderly, tourists and even animals. Well Florida has not only a variety of people, cultures and attractions, but also a variety of jobs and employees. The workers compensation FL insurance covers all types of businesses from desk jobs, to road jobs, and even mining or pool jobs.

Although some jobs are more easily to get hurt on the others, all have things that can happen. A secretary or typist may get an issue like carpel tunnel while a miner may fall down a hole and break his or her leg. The possibility of a death experience or near death experience is scary, but very much a reality.

Unfortunately many workers in Florida do not have workers compensation. Well, that is many construction workers. The reason for this is many construction companies feel that while using subcontractors you do not need compensation for the workers. However by Florida law they need to be offered the choice of getting workers compensation regardless. Although they wish not to, it is important for businesses to give their construction workers as well as subcontractors workers compensation.

Florida workers comp

Failure to do so can result in a lot of money loss and issues for Florida businesses. The state has regulations and statutes that hold the workers best interests at hearts. That means workers compensation in case of a tragedy occurring while working. That is it’s mental, physical, emotional or death.

Workers compensation plans can be expensive but in the state of Florida there are many that are affordable. You can look into some so that you are covered, that you can actually afford without cutting too many corners. As long as you have internet access you can go online, find and fill out a quick form and get quotes online. Then you can choose which plan suits you and your needs best. From there you’re ready and set to go.

It is important for workers compensation fl insurance to be a part of every business whether small, large, a regular business or even a home based business. All should be protected so that worse options do not occur when something goes wrong. So pay close attention, read attentively and look over your options and plans offered and received.

By: Walter Sigmore

Article Directory: http://www.articledashboard.com

For additional information about workers compensation insurance, please visit the #1 workers compensation resource on the net: WorkerCompensationInsuranceGuide.com

Florida’s Injured Workers

The proposed law aims to reduce the costs of workers’ compensation in Florida by limiting attorneys’ fees available for those representing injured workers. As a practical matter, this will severely limit the ability of injured workers to seek compensation.

Florida Workers Comp

Supporters of the legislation, led by the Florida Chambers of Commerce, argue that this is the only way to reduce costs, and without caps on attorney’s fees, Florida worker compensation insurance premiums would again be among the highest in the nation. The state’s trial attorneys say … A recent study by the Department of Worker’s Compensation found litigation has declined since the restrictions imposed in 2003, while the number of denied claims has steadily increased.

Workers Comp Rights

Workers Compensation Rights (Workman’s Comp) News and Information. Stay Informed, Know Your Rights. … In this letter reprinted in the May 18 edition of the Palm Beach Post, Bill Herrle, the Florida executive director of the National Federation of Independent Business, urges Governor Crist to sign CS/HB 903. Mr. Herrle rejects as “unfounded” any fears that the bill will make it more difficult for injured workers to obtain representation in workers’ compensation cases.

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What Employers Need To Know Regarding Workers Compensation Insurance

This article explains what employers should understand about workman’s comp insurance.  This way, the employer can best determine under what circumstances a workman’s comp attorney  needs to be involved.

What Employers Need To Know About Workers Compensation Insurance

Certainly it is the primary responsibility of employers to ensure the safety of their employees by taking adequate measures to provide an environment that is as hazard free as possible. It is also worthy of mention that most employers are very aware of the need and do install necessary precautions and safety features. However, needless to say, whatever the efforts taken to avoid disaster, accidents are sometimes unavoidable. Hence it becomes compulsory for employers worker compensation insurance.

When such an incident takes place, even though the entire fault may not lie with the employer, the repercussions have to be faced by him. A sensible idea would be for the employer to prepare for such awkward situations with some advance strategies. One of these strategies could be said to be the purchase of a worker insurance package of compensation.

Some of the benefits of purchasing such insurance are detailed below:

  • The largest benefit to the recipient buying insurance is common to all types of insurance. This is the fact that financial aid is available at a moment of crisis. A medical insurance package could be drawn upon to cover hospital bills of the beneficiary. In the same manner, worker insurance could protect the employer from having to face a legal claim and paying a large amount of money.
  • In more cases than not, the medical bills and expenses of an employee injured while on the job have to be taken care of by the employer. These are usually exorbitant charges in keeping with the current cost of health care in the United States which has sky rocketed to unmanageable proportions. A timely insurance package will in most cases extricate the employer from such a situation.
  • In the case of an employee that receives an injury while at work which causes permanent damage, the employer is liable to pay him or her two thirds portion of their wages. An insurance package would cover such contingencies as well.

Leaving aside the monetary benefits of a worker insurance package, the primary plus point could be said to be the ease of mind an employer would enjoy with an insurance package purchased well in time. A factor that should be noted is that benefits of insurance, as well as the terms and conditions attached, will vary from State to State.

A comparison of the regulations pertaining to the worker compensation insurance package of West Virginia and that of Florida makes this clear. Florida requires the company employs a specified minimum number of staff to be eligible to take out insurance, while in West Virginia all employees must be covered by insurance regardless of their number.

Whatever the state by state difference, insurance is an essential commodity for all employees. While varying terms and rules may result in the total compensation being affected in some part, insurance nevertheless provides adequate cover to buffer contingencies in all situations. It is always therefore best to study these terms and regulations, as well before purchasing Employers’ worker compensation insurance schemes from your local provider.

By: Walter Sigmore

Article Directory: http://www.articledashboard.com

For additional information about workers comp insurance, please visit the #1 workers compensation resource on the net: WorkerCompensationInsuranceGuide.com

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Get To Know Group Workers Compensation Insurance

Get To Know Group Workers Compensation Insurance

Although workers compensation was first introduced to the world in Australia and parts of Europe it is now featured all around the world. That is including all U.S. states and even Puerto Rico. Although group workers compensation insurance is offered in all of these places, each will vary. There are a wide variety of different plans that one may be interested in.

The purpose of workers compensation is to provide insurance for medical bills, medical expenses, and loss of wages, and or death benefits if one is injured permanently, severely or indefinitely on the job. Having workers compensation insurance is mandated by the government as a requirement for all businesses. It doesn’t matter if the business is a home business, a small business with 20 employees or a large one with thousands. Every business needs to have and offer workers compensation insurance no matter the situation.

The purpose of this type of insurance is to give the employers a safe feeling that if something happens they can still make ends meet as well as be alright. Who wants to work for a company that if they get hurt they get no justice. No one wants to drag a business to court because they got hurt on the job and aren’t getting anything in return. Since you work for the business, it’s their job to ensure you when you work on their time. That’s what the purpose of workmen’s compensation is. If you get injured in any way, shape and or form on the job you have the right to get workmen’s compensation.

Although the truth of the matter is small businesses usually don’t mention workmen’s compensation, it is mandatory by law. Don’t let yourself get cheated out of the money you deserve, loss of wages, or money for mental or emotional trauma you endure on the job. Each business has a different plan, but every business must have a plan. For businesses that don’t have a plan they can be fined a large fee per employee if they do not get the insurance within the allowed grace time frame.

It is the employer’s responsibility to make sure the employees are protected in all sense; this is where the insurance comes in. The money is founded by the state which means that the company does not suffer greatly from the prices if someone does get injured.

With group workers compensation insurance you and your rights are protected, as well as insured. You never have to be afraid of being hurt on the job. You will always be protected.

By: Walter Sigmore

Article Directory: http://www.articledashboard.com

For additional information about workers compensation, please visit the #1 workers compensation insurance resource on the net: WorkerCompensationInsuranceGuide.com

Professional Employer Organization

Determine risk type for workers (workers compensation classifications) and shop for a Workers’ Compensation insurance policy. Purchase Workers’ Compensation coverage and pay up front for at least six months of coverage.

Pentagon’s IG to Examine AIG Insurance

At issue is a federally mandated system that requires government contractors to purchase workers’ compensation insurance for overseas civilians. AIG is the largest provider of such insurance, which is required under a World War II-era law.

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Arborists Struggle For Workers’ Compensation Solutions

It looks as though some industries are not covered by workman’s comp insurance, and here is one of them.

Of the numerous industries we provide PEO services to, the arborist (or tree service) business may be the industry that benefits the most. Why?

The stereotype regarding tree service companies is that of a bunch a guys running around without an office- uninsured, working out of their trucks. And reality is, for the most part that’s true! But states and insurance companies make it almost impossible for arborist to get started legally and grow a thriving business.

For starters, there are few traditional insurance companies that provide workers’ compensation for arborists. Those that do want only the very large, established companies with a great safety record (wouldn’t it be nice if we ALL got to cherry pick our customers!). Until employee leasing services, smaller or new tree service employers had one option- the state work comp program.

This meant filling out lots of paperwork and paying thousands of dollars up front just to get started. Then, because you have to use their services (since there are no other options) you’re charged a premium for that as well. Who can afford that?

Arborist and tree service companies have discovered employee leasing services to be the cost-effective solution for growth and profitability.

An arborist can save 15-40% on their work comp rates with employee leasing services and can start with as little as a few hundred dollars to $0 down- pay as you go.

Plus, the employee leasing company will manage the employer’s payroll- from providing employee checks to depositing all the payroll tax deposits. And you’ll never deal with audits, W-2’s or government payroll reports again.

If you haven’t looked into the benefits of employee leasing for your tree service business, call us today. You’ll be amazed at what you could be saving on workers’ compensation insurance and how much more of your profits you’ll keep.

Author: Mike Burgelin

Mike Burgelin

Mike@EmployeeLeasingQuotes.com

http://www.EmployeeLeasingQuotes.com

1-888-582-8388

Article Source: http://EzineArticles.com/?expert=Mike_Burgelin

Hire Professional Tree Care

If the “tree guy” doesn’t carry worker’s compensation insurance for his buddy, chances are the buddy will have to sue someone to pay for the medical bills. Well he isn’t going to sue the “tree guy,” because what is he going to do with a saw and an old pickup truck? … Look for companies that are accredited by the Tree Care Industry Association (formerly the National Arborists Association) and staffed by arborists certified by the International Society of Arboriculture.

Beware of cut-rate prices for tree trims

There are no state regulations requiring knowledge and proficiency in tree service, liability insurance or worker’s compensation insurance – although the arboriculture industry in Florida is lobbying for such consumer protections.

Arborists and Workers Comp

Let’s start with workers’ compensation insurance. arborist and tree service companies across the country pay some of the highest workers’ compensation rates of any industry.

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Workers Compensation Insurance – Employees Get The Short Straw

Perhaps someday I will write an entire book just about Workers Compensation (WC) Insurance. Many experts before me have already done so, and I’m reluctant to plow that ground again. But I do have some comments about WC that you should know.

is a very flawed system in every state of the United States. It began with the lofty intentions of politicians in each state who enacted laws to protect injured workers and get them medical benefits and treatment for their injuries. But, like most laws enacted by politicians, there are unintended consequences. Further, business lobbies, insurance companies, trial lawyers and medical lobbyists contribute huge amounts of money to the politicians at both state and Federal levels. Injured workers are individuals for the most part, and don’t have lobbyists.

Would it be too difficult for you to guess which side gets the political favors in Workers Comp legislation?

workman comp legislation

Here’s an example of a system stacked against the injured worker. In most states, injured workers are barred from filing lawsuits against employers for their injuries. The injured worker has only the Workers Compensation system in which to receive benefits.

There are two narrow exceptions where the Workers Compensation preemption might not apply, and an employer might be subject to lawsuit:

The employer intentionally causes injury to an employee. This exception for intentional acts is very narrow. It is not ordinarily enough that an employer creates conditions where there is a very high probability that an employee will be injured. Customarily, the employer must have committed a specific negligent act intended to cause injury to the employee.

The employer is required to carry Workers Compensation coverage but fails to do so.

In my opinion, the Workers Compensation laws that prohibit lawsuits against employers violates the 7th Amendment, which guarantees citizens a jury trial in civil cases. The deck may be stacked against injured workers in another way, which is that the injured worker may only seek medical treatment from a list of doctors approved by the employer or his Workers Compensation carrier.

Most injured workers receive medical treatment for their injuries and recover quickly. But whether your injuries are minor or major, the process of filing for benefits and receiving benefits can be complicated and frustrating. Most employees have no real awareness about how the system works, and only become familiar with it once they are sucked into the system by an injury.

If you are an employee who has sustained an injury, you would be well served to consult with a personal injury attorney soon after the injury. Workers Compensation is usually simpler than regular litigation since it takes place in an administrative setting and may have relaxed evidentiary rules. Also, attorney fees are often limited by state statute. Injured workers typically need to seek legal counsel when they are refused benefits, or are told that they can return to work before they are medically able to work, or are denied disability in spite of disabling injury.

If your employer sends you to a doctor that declares you fit to return to work, even if you do not believe that you are yet able to work again, I recommend consulting a WC attorney before returning to work.

One of the tactics used occasionally by employers is to bring the recovered worker back to a position specially created for that employee to accommodate their injury. Then two or three weeks later, the employer eliminates that position and lays off the employee, ending his eligibility for workers compensation. Presto…no WC claim.

Another tactic is to refer the injured worker to doctors who are more motivated by a long-term business relationship with the WC carrier than accurately diagnosing and treating employees. In that scenario, if the doctor declares too many injured workers to have continuing disability, the carrier will terminate the business relationship and send workers to another doctor who will play the game.

A personal injury attorney specializing in WC can help protect your rights. If you seek counsel from a WC specialist, he or she will typically know the local administrative judges or hearings officers who preside over WC hearings. He will likely also know the doctors and insurance defense attorneys who are trying to block or diminish your claim. An attorney who is plugged in to the WC system in your area is your best resource to help you collect the benefits that you are due.

Author: Russell Longcore

Veto workers’ comp bill

The trial lawyers lost out in the final week of the legislative session, when lawmakers passed workers’ compensation legislation that maintains caps on hourly fees for comp cases.

Skin Cancer and Workers Comp

Lynch Ryan weblog about workers compensation insurance, risk management, workplace health and safety, occupational medicine, and related topics. … It’s always interesting to see how state legislatures translate emerging hazards into proposed legislation: lawmakers tend to react in a limited, ad hoc manner. See for example this proposed bill in the New York legislature: This bill would provide,with respect to active lifeguards employed, for more than 3 consecutive months

Workerscompensation legislation

“We need to make sure that the workers’ compensation legislation delivers for workers and employers, at all times, and particularly in a time of economic volatility,” the Minister said.

 

“It is important that employers maintain their responsibilities towards injured workers, and I intend to keep within the legislation, a focus on injury management and returning injured workers to sustainable employment.”

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Mesothelioma – Suing For Compensation

Here is an interesting article regardinga change in the tactics used by workmans compensation attorneys to get benefits to workers who have been injured and left on disability due to asbestos.

Mesothelioma – Suing For Compensation
by: Rick Hendershot

Most asbestos lawsuits have been filed by people who have worked in environments where they have been exposed to asbestos, and who subsequently developed an asbestos-related illness such as asbestosis or mesothelioma. The purpose of asbestos lawsuits is to recover financial damages from the employer responsible for maintaining the safety of the workplace, or from some other company that was negligent in manufacturing or in recommending a hazardous material.

Financial damages usually include the cost of medical bills, other costs associated with the disease, lost wages, and sometimes compensation for loss in quality of living or potential for future earnings. Mesothelioma cases usually recieve the highest settlement amounts — typically being settled out of court for about $3 million each.

**The History of Mesothelioma Lawsuits**

The first asbestos products lawsuit took place in Texas in 1966 when Johns-Manville, Fibreboard and Owens-Corning Fiberglas were sued on behalf of Claude Tomplait, an asbestos worker. Tomplait lost this case, but it was quickly followed up by another one in 1969 which was won and upheld in appeals in 1973.

In the late 1970s the legal battles took on a different tone. It was found that asbestos companies were involved in a conspiracy to suppress knowledge about the harmful effects of asbestos. By 1982 punitive damages were being awarded to sufferers of asbestos-related diseases, and many of the major companies responded by seeking Chapter 11 bankruptcy protection.

This complicated the legal situation considerably. Things also changed in the 1980s because successive waves of new workers were coming forward with asbestos-related diseases. These included workers in construction companies, asbestos distributors, and companies involved with asbestos-related products such as brake linings and insulation.

Eventually, many of the major bankrupt asbestos companies set up settlement trusts to handle problem cases separate from the litigation process. Most lawyers will simultaneously proceed with litigation against the companies while negotiating with the settlement trusts. Normally, when a settlement is reached with the trust it will be for much less money, and payments are often spread over many years.

**How do lawyers proceed with mesothelioma cases?**

Most lawyers in this field will do an examination of each claim on an individual basis. Since they often take on such cases on a “contingency” basis, they will usually not take on a case unless they have a reasonable chance of winning. This means that a history of contact with asbestos is usually not sufficient to proceed. A person should have tangible evidence of the presence of mesothelioma before a serious case can be undertaken.

The lawyer will look at all relevant information including medical records, family history, work history, exposure to asbestos. They normally have to be satisfied of two things before beginning — there must be a diagnosis of mesothelioma, and there must be defendants who can be held responsible. Once they have these two things they are usually prepared to take on the case.

**How are the lawyers paid?**

Most lawyers work on a contingency basis. This means they do not get paid until the case is settled in their client’s favor. A standard rate is 30% of the gross settlement. When selecting a lawyer, be careful of how the funds are dispersed. Some will take their 30% and then pay the legal fees out of the client’s portion. This means they will actually be getting more than 30% — sometimes closer to 40 or 50%. Look for a firm that pays the fees out of the gross settlement amount. And be sure that there are no circumstances in which you will be billed for costs if your lawyer loses the case.

**Workers’ Compensation or 3rd Party Litigation**

Normally when a claim is made against an employer, the case is handled by Workers’ Compensation. In most jurisdictions this is a “no fault” insurance system. All employers must have this kind of insurance. So when a claim is made against the system, there is no need to establish that the employer was at fault. All the system has to do is establish that the employee has been injured or disabled because of his or her employment.

A workers’ compensation claim can usually be finalized within 6 to 12 months.

When filing a civil lawsuit against a 3rd party such as a product manufacturer, the process is considerably more complicated. In this case, the lawyers representing a mesothelioma victim will usually name several defendants — sometimes as many as 30 or 40 mining companies, manufacturers, distributors, brokers, insulation contractors, general contractors, etc.– to attempt to spread the damages over as many parties as possible and increase the chances of receiving a sizable settlement.

Experienced lawyers will attempt to settle with defendants before actually going to court. If the case does get to court and a verdict is reached it is almost certain to be appealed. In such cases it can take years to reach a final resolution.

**If you have been exposed to asbestos…**

If you have been exposed to asbestos, the best advice is to have a thorough medical examination to determine if you have any signs of mesothelioma. If you do, then it is best to consult with a lawyer about your situation as soon as possible.

About The Author

Rick Hendershot is a writer and online marketer and publisher. See ==> http://www.linknet-promotions.com

For mesothelioma information and advice see ==> http://www.mesotheliomaadvisors.com. For more mesothelioma articles and reports see ==> http://www.mesotheliomaadvisors.com/reports.html

 Asbestos Lawyer

A good asbestos lawyer has a good educational background, understand the unique complexity involving litigation, lawsuit, including settlement asbestos product identification, specific asbestos medical issue, and specific time.

 Asbestosis and Mesothelioma Injury need an Attorney

Years after your asbestos exposure, you could file a lawsuit against the company (or any party) that negligently exposed you to asbestos fibers. You may hold them accountable for their actions.

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Tips from a New York Workers Compensation Lawyer

New York City Workers Compensation Tips

If you are injured on the job due to negligence of your employer or due to lack of safety norms at your workplace then you could be eligible for workers compensation benefits.

According to the U.S. Bureau of Labor Statistics, more than 4 million workers received injuries on the job during 2005 and 5,700 workers lost their lives from work related accidents and injuries.

New York City’s (NYC) no-fault worker’s compensation program provides financial protection to workers who get hurt on the job. It also provides them appropriate medical care.

New York State laws require employers to purchase insurance which will provide workers compensation benefits to his/her employees in a case of an injury on job. This insurance covers all necessary medical care expenses and also recovers lost wages. It also provides medical treatment facilities. However, when you are about to file an injury claim, the process can be tedious. Most of the injury cases are handled by a third party insurer (excluding State), which will try its best to devoid you of your injury claim.

If your injury claim is denied/reduced or terminated, you are allowed to have hearing before a law judge. Other side will also hire a strong defense attorney who will try his/her best to nullify your injury claim amount. If you are faced with a similar situation, then you must immediately get in touch with your  who can help you receive justice and compensation from the negligent party involved.

Workers injury compensation claim covers various types of injuries which includes carpal tunnel syndrome, back problems, stress-related problems, mental health issues, heart attacks, illnesses or strokes which could have resulted from inferior safety and health facilities at your workplace. It can also include post-traumatic stress disorders and several other injuries which the victim has suffered on job.

If you are employed by a covered New York employer then you can avail benefits of workers compensation. It should be the top priority of your employer to insure safety of its employees. Your employer should also provide its employer with adequate medical help in case of an accident at workplace. You would be eligible for workers compensation regardless of the fact whether you work full time, part-time, temporary, or are working as any other undocumented worker.

If you have been a victim of personal injury due to negligence of your employer within New York City, then you can consult a New York personal injury lawyer for a free legal consultation. Your injury lawyer will help you receive workers compensation benefits such as: Social Security Disability, Supplemental Short-Term Disability, Long-term Disability, New York State and New York City Retirement Disability, and other programs.

By New York Injury Lawyer
Published: 1/10/2009

New York Workers Compensation

The Chairs of the Labor Committees in both the New York State Senate and Assembly are sponsoring companion bills to provide a “safety net” for some of the most vulnerable citizens in the New York State workers’ compensation system

NY workers comp

The Hew York Times has a long article on the terrible state of comp in New York. It gave me the shivers to read. In Colorado much can be done to improve our state’s workers comp system.

Workers’ Compensation Harm

In 2006, the Center for Justice & Democracy released a study about the failure of workers’ compensation systems in America, finding that “workers’ compensation programs throughout the country have been devastating for injured workers.

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Missouri Workers Compensation Law Reviewed

 

With all of these different terms, you might think that only a workman’s comp attorney could sort it all out.

Missouri Workers Compensation Law – Are You Confused?

Over my years in practice, I have represented thousands of clients who have used many different terms in order to describe the Workers’ Compensation system. Sometimes there is confusion as to what these terms mean and many times these terms are inadvertently misused. An example of these terms would be: Work Comp Board, (“Workman’s Compensation Board”), Work Comp Division, “Work Comp Checks”, “Second Injury Fund”, Work Disability Fund, “Occupational Disease”, “Repetitive Trauma”, “Self-Insured” and “Work Comp Referee”

I am going to try to clear up the terms in order to more precisely describe the Missouri Workers’ Compensation system. First of all, the correct title for the system which records claims and provides a judicial system is called the “Missouri Workers’ Compensation Division”. The Missouri Workers’ Compensation Division falls under the larger umbrella of the Department of Labor and Industrial Relations. The Missouri Workers’ Compensation Division has its central office in Jefferson City and there are “branch offices” in places like St. Louis, St. Charles, Cape Girardeau, Springfield, etc. The Workers’ Compensation Division does not provide any benefits, but simply provides a system in order to report claims and settle disputes through Workers’ Compensation judges which are referred to as “Administrative Law Judges”.

Benefits are paid by private insurance companies who provide coverage to employers throughout the State of Missouri. An exception can be made for very large companies who post a bond and decide that they are big enough to pay their own claims directly. These are called “self-insured companies”. Large manufacturing companies who elect to become “self-insured companies” are required to place a bond with the State of Missouri in order to make sure that claims are covered.

There is not really a “Workers’ Compensation Board”. However, there is a panel of three “Commissioners” who serve on what is known as the “Labor and Industrial Relations Commission”. When an “award” is written after a hearing, the decision is final, unless the decision is appealed. The appeal goes to the Labor and Industrial Relations Commission who has the power to let the decision stand, or to reverse the decision.

The “Second Injury Fund” is a special state fund that receives its money based on a financial assessment which is made against employers when they pay their premiums to their insurance company. This fund is set up in order to take into account prior injuries or disabilities which may affect an employee’s ability to work. Some people have been confused by the name and will call and say “I have injured myself a second time, can I file a second injury claim.” This fund, however, is set up to consider previous injuries, not new ones.

An employee may be injured on the job in a number of different ways. First, there can be an “accident” such as a fall down a flight of stairs. There can also be an “occupational illness” caused by exposure to fumes, chemicals, or other elements. Finally, there can be what is often referred to as a “repetitive trauma” which involves injuries which occur gradually from overuse. The most common type of repetitive trauma injury, for example, would be what is known as “carpal tunnel syndrome”. We see these repetitive trauma cases often from secretaries and typists who may work for hours on end at a computer.

As you can see, many of the terms which are used do not really fit our system today. There is no such term, for example, as a “Work Comp Referee”. Because of the many terms which have been used by people over the years, it is sometimes difficult for the average person to understand Missouri Workers’ Compensation. For example, they may make a statement like “Workman’s Compensation is denying my case.” This could mean that a private insurance company has denied their case, a judge heard the case and wrote a decision denying it, or it could mean that the case was appealed to the Industrial Commission where it was denied. Our purpose in writing this article is to describe the precise terms which are presently used in order to avoid unnecessary confusion and help Missouri’s injured workers understand the system.

The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.

By: Jeff Swaney

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