How to Find the Top Law Firms for Workman’s Compensation

So, you have no been put in a situation where procuring the services of an attorney who specializes in workman’s comp is a necessity.  Now what, how do you find one?

One solution is to check out the US News and World Reports rankings of law firms in the the worker’s comprehensive area of law.  From this source, you can find the following categories – each one is dependent on your role in the case.

There is a claimants area for those who are filing the claim and there is one for employers.  This is broken down on a national and regional level to help in your search.

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Filing a compensation claim in New Jersey

Here is the deal in New Jersey. Let’s just say that you are injured, or one of your worker’s is injured, and, as a result, you can not comes to terms over what benefits the injured worker is to receive. This can also involve a disagreement between the employee and the insurance company as well. In these types of cases, the employee (worker) can approach the Division of Workers’ Compensation with an Application for an Informal Hearing or file a formal Claim Petition. In either situation, a case will be assigned to a district office that covers cases in the county where the injured worker resides, or if the workers does not live in that state, then the county where the employer is located prevails.

These types of cases may involve compensation of the claim — i.e whether the injury or illness is considered work-related or not. This will include the extent and type of medical treatment that is required plus the payment of temporary disability benefits. When the cases involves a job related death, then the subject of permanent disability benefits comes into play. Now, workers generally are represented by an attorney here, but they can act on their own behalf (pro se). On the employer side, legal defense is usually provided by the insurance carrier since it is their money that is at stake. Now one important note to remember if your are a self-insured corporation is the you (or your third party administrator) are required to obtain legal representation to defend the case on your behalf.

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Why Choose an Illinois Lawyer For Your Workers Comp Case?

So you have come to the conclusion that you might have a workers compensation claim due to a recent work place injury or illness that has prevented you from performing your normal job.  Now, if you live in or around the Chicago area, it would be reasonable to expect that you should use a lawyer who has offices in the state of Illinois, rather than choosing an attorney who is located elsewhere.

The reason for this is clear when you understand the process that must take place to bring your workers compensation claim to fruition so you can receive the benefits that you require before you are able to return to work. 

One of the most important things you need to do in order to make your workman’s compensation claim is to file the appropriate documents with the state workers compensation bureau as well as your employer and the insurance company who may also be responsible for paying out the claim.  The workman’s compensation laws for receipt of benefits as well as the regulations that govern insurance companies can vary from state to state.  For this reason it is preferable to work with an attorney who is proficient in dealing with the respective authorities and moving the process through all of the red tape.  

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Worker’s Comp or Disability

If you are not able to work as a result of an illness or injury, you may be eligible to receive workman’s compensation or disability benefits.

Depending on the circumstances, you may be one or the other, or both.  If you are injured or become sick on the job you are generally covered by state worker’s compensation laws.  By law, employers are required to have workman’s compensation insurance for their employees except for a few situations.  The benefits from this insurance will help cover lost wages and medical expenses.  However, in terms of wages, you will only recive a portion (about two-thirds in most cases).  However, in many states if you own a significant portion of the company (say 10% or more), then you will not be covered by worker’s comp. If you are in this category personally then you would need separate disability insurance to cover lost wages if you are out of work for an extended period of time.

Now, if you are unable to work for an extended period of time and  whatever caused this circumstance, injury or a health issue, then you may be covered by disability insurance.  Disability benefits kick in for some employees who are  unable to work for an extended period of time (either after 60, 90, or 180 days depending on the policy).  This is separate insurance that covers you for lost wages if you are unable to perform your current job for an extended length of time.

If you have worked and paid into Social Security, you may be able to collect benefits if you have a medical condition that meets their disability requirements.  These benefits will be payable after you have been out for 180 days.

Disability Insurance

That’s why many financial experts refer to disability coverage as a “forgotten” safety net. While many Americans help protect their family’s financial future with life insurance, only a small fraction of today’s workers have set up a plan for disability. [….]

 

How to Qualify for Social Security Disability Benefits

While I’ve talked about the importance of having disability insurance in the past, a lot of questions still arise regarding Social Security disability benefits. […]

 

Supplemental Disability Insurance

Group disability coverage at work has its place. It is usually very inexpensive and, quite honestly, people don’t think much about it. It’s a cheap add-on when signing up for life insurance during annual open enrollment. […]

 

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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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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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