Are Your Workers Covered?

This article refers to Austrailia’s Workers Compensation and Rehabilitation Act 2003 where it was legislated about which workers need to be covered by compensation insurance.  While the laws in the US are passed down at the state level and can vary from state to state, the primary applicaiton referred to in this article applies.  

However, for more detail about how workers compensation insurance applies to your state, please refer to your state’s Workers Compensation Board.

It is generally known by employers that they must have appropriate levels of Workcover insurance for all of their ‘workers’. However, what is not so well understood is the definition of what constitutes a ‘worker’ for Workcover purposes.

This definition does not appear so clear particularly when it comes to businesses that are employing contractors. For most business dealings and arrangements the hiring of contractors is generally considered as a different employment arrangement than that of standard employee – employer agreements.

In recent times contracting and the employment of contractors, as opposed to employees, has become a lot more common practice across a range of industries of the business community. As a result of the current economic climate businesses are employing more and more contractors as it can prove to be a more cost effective exercise.

Where employers can find themselves in trouble is when it comes to gaining Workcover insurance for all of their ‘workers’. Under Section 11 (1) of the Workers Compensation and Rehabilitation Act 2003 a ‘worker’ is defined as ‘…a person who works under a contract of service.’

Whilst the Act does go on to specify who is and is not considered to be a ‘worker’ in particular circumstances it can generally be said that contractors who are providing a service to their employer are considered to be ‘workers’ for Workcover purposes.

Furthermore, Section 48 (1) of the Act outlines every ‘worker’ must be insured.

Every employer must, for each worker employed by the employer, insure and remain insured, that is, be covered to the extent of accident insurance, against injury sustained by the worker for-

(a) the employer’s legal liability for compensation; and
(b) the employer’s legal liability for damages.

As a result, it is important that if your business employs contractors or if you are employed as a contractor yourself, then you should seek advice as to whether you have the necessary Workcover for your situation.

In the unfortunate circumstance that an employee or contractor is injured and the employer does not have the correct level of Workcover insurance this can cause a lot of unnecessary financial and administrative burden for both parties.

Each employment situation is different and the requirements for Workcover insurance of ‘workers’ may be different for various businesses and business arrangements.

If you are unsure as to what your Workcover insurance obligations are the lawyers at The Quinn Group can certainly advise you on what is legally required for you to have appropriate insurance for your ‘workers’. We can also assist you if your business has insufficient insurance and has found to be liable for an accident that involved one of your workers. For more information contact The Quinn Group on 1300 QUINNS or click here to submit an online enquiry.

Contractors’ Work

Effective July 26, 2009, the Washington State Department of Labor and Industries may issue a stop work order for any contractor without workers compensation (industrial insurance) coverage.

As an Employer, You Need to Have Workers Comp Coverage

In most states, workers compensation is mandatory. It is coverage which provides health care for an employee if they get injured while working for you.

NJ Employer Indicted for Failure to Provide Workers Compensation

Chrysler is being brought out by an Italian company because of bankruptcy and it was not clear at first whether or not the new owners were going to take on the responsibility of covering workers’ compensation coverage. 

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Submitting Claims To The Workers Compensation Bureau

Submitting Claims To The Workers Compensation Bureau

When you are a victim of an accident that occurred at work you will want to make sure that you look for help from a workers compensation attorney to assist you in filing the proper claim into your states workers compensation bureau. Each state has their own bureau so you will want to look into a localized attorney to assist you with your claim. An attorney can help you get all the compensation that you are entitled to receiving, so make sure to request their help.

There is much behind the workers compensation law making it difficult to understand and each state has their own specific laws making it even more complicated to fully understand all aspects. Each bureau has gone through to develop some of the best laws to protect businesses and employees, but it still can be hard knowing all the laws involved. With a little help from a workers compensation attorney though you can get a better understanding and have someone who’s trained in the area to help you with your claim.

With a claim you will right away have to inform your employer about the accident that has occurred so that there is an accident report on file. You should inform them right away so that you don’t miss the deadline of your state for letting the employer know or your claim could already be denied meaning you won’t receive any compensation.

Each bureau will have its own timeframe as to when you can file a claim up until so make sure you are fully aware of this timeframe just in case an injury does occur. If you’ve obeyed all the areas in your states bureau you are more likely to be approved for your claim and receive all the necessary compensation you are entitled to.

Some things that you could be covered for by your bureau include:

Medical Benefits

Total Disability Benefits

Partial Disability Benefits

Death Benefits

Specific Loss Benefits

Scarring

The areas that you are covered on will depend on what your bureau entails so ensure that you have been made aware of the areas that you are covered for when you are filing your claim. Usually you will be covered for at least two thirds of your weekly wage, but you could see that your benefits are lowered if you receive payments from other things such as security, severance pay, pensions, or unemployment compensation.

Each workers compensation bureau has their own laws and regulations so make sure that you’ve made yourself aware before you file any claim for compensation of an injury. The laws and regulations could change occasionally so make sure you keep yourself updated so you can stay fully protected from any unexpected injuries while working.

By: Jennifer Langston

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

Who Processes Mileage Reimbursement

I’d like to submit for about 900 miles of doctors visits so far in my case. I’m wondering who actually processes this request. Do I send it to the Insurance Company? Or to the state workers compensation bureau? Does a clerk process it?

Possible Cost Saving Measures

If you have recently reduced employee’s hours or have experienced layoffs, you may be able to resubmit estimated payroll number which may reduce your workers compensation premiums. Contact your insurance broker or worker’s compensation insurance carrier to see if you … Employees submit ideas and formal plans on ways the company can save money. If the employee’s idea is implemented the company gives back a percentage of the savings to the employee who submitted the idea.

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Workmans Comp Settlements

How To Obtain A Workers Compensation Settlement

In my opinion, our justice system should not be abused by people who are just looking at to make a quick buck. However, there are times when people get injured and really deserve money for their injuries. I know because I was crippled on the job. I would be penniless today if not for my workers compensation settlement.

In my state, the worker’s compensation commission is notoriously pro business. Those who are in charge of the commission avoid giving decent workers compensation settlements whenever they can. I was offered a pittance when a broken machine chopped off my hand. For my troubles, I was only offered $10,000 dollars and an early retirement.

  workers comp settlements


The commission in charge of the settlement workers compensation in my state refused to even acknowledge the fact that my boss was negligent. After all, the factory I worked for did not have the necessary safety equipment. I had no choice but to hire a lawyer. I was a bit hesitant at first because I did not want the trouble of a lawsuit. However, it seemed like the only way that I had a chance of getting justice. Fortunately, it turned out that I was right. I never would have gotten a decent workers compensation settlement if I had not hired a job injury attorney.

It was a good thing that the juries tend to be pro-worker when I was trying to get a workers compensation settlement through the courts. The average members of a jury probably know what it is like to work under a negligent boss because they are usually taken from the working class. This means that they are more receptive to workers compensation settlement claims.

The opposing lawyers will usually try to scare you into settling out of court. They will argue that they are the best lawyers, which they are. Nevertheless, it is still possible to get a good workers compensation settlement through the courts, even if you are against very good lawyers.

You should not give in to whatever the industry bosses might say because you have a right to a workers compensation settlement for your injury. There is a good chance that you will get a settlement that is more generous than anything you would be offered if you have been wronged and you have a decent attorney. You have to make sure that you get a fair settlement if you choose to settle your claim outside of court.

By: Morgan Hamilton

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

Morgan Hamilton offers expert advice and great tips regarding all aspects concerning Workers Compensation Settlement. Visit our site for more helpful information about Workers Compensation Lawyer New Jersey and other similar topics.

Workers Compensation Settlements

Employers may soon see a spike in future drug costs for settlements going through the MSA approval process after June 1, 2009. Medicare will begin independent pricing of future drug costs in Workers Compensation Medicare set aside future drug costs and pricing.

Workers Comp

California Workers Compensation and OSHA Issues. Number of CAL OSHA Inspectors Speak Out on Board Policies. Forty-Seven CAL OSHA field inspectors, senior and district managers have written a letter of complaint to members of the California … That’s why there have been hundreds more “settlements” over the last four years, many with drastic reductions of final penalties.

Workers’ Compensation Subrogation

There are numerous strategies which can be used to minimize, or even entirely defeat, a workers’ compensation subrogation claim. Care must be given to the language used in any settlement documents releasing a personal injury claim.

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