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Workers Compensation State Laws

Most people do not feel the need to understand workers compensation laws until they have suffered a serious injury at work. These laws can be quite complex and they vary from state to state. It is important for every worker to be aware of what workers compensation entails so they will be prepared in the event of a serious accident.

Worker’s Compensation, also known as ‘Workman’s Compensation" or ‘Worker’s Comp’, is a set of laws designed to protect injured workers. The purpose is to ensure that if a worker is injured at work, they will receive medical care, lost wages associated with the injury, rehabilitation, and retraining so they can return to work once they have recovered. If a worker is killed while at work, their families will usually receive death benefits. This systems permits injured employees to receive benefits without having to prove that the employer was negligent

The following is a key passage in understanding why this area of emplyee benefits is subject to much litigation.

While most injured workers usually qualify for benefits, there are situations where an employee may be denied benefits. This type of situation can become very complicated. Workers who are denied benefits usually consult with an attorney. An attorney who specializes in worker’s comp claims are Worker’s Compensation Attorneys. An attorney can advise a worker on how to protect their benefits and will defend them if they are denied benefits, denied extended or permanent disability, or had their benefits terminated early.

Employers tend to know more about worker’s comp law than the workers. Sometimes an employer may attempt to deny benefits. They may also send an injured employee to a doctor who may not have much experience in the area of the injury, or is working more for the employer than the patient. . An attorney will help protect a worker’s rights if an employer attempts an underhanded method of denying benefits or forces an employee back to work too soon after an accident. An attorney will also help a worker who returns to work for a period of time following an injury and suddenly finds himself laid off and no longer eligible to collect benefits.

Using the services of a worker’s compensation attorney will increases the chances of a worker receiving benefits. An attorney understands all aspects of the worker compensation laws and is familiar with the process, the officers and judges who preside over the process, and how the process works. Worker’s compensation proceedings are much different than other law proceedings. The setting and rules are more relaxed. Most personal injury lawyers will work on a contingency fee basis. This means that the attorney does not receive compensation unless the case is successful. Most states limit the amount an attorney can receive in fees for worker compensation claims so it can be difficult securing a personal injury lawyer. You should try to hire a personal injury lawyer that has experience with worker’s compensation claims

A worker who receives worker’s comp benefits usually cannot file a personal injury claim against an employer. A worker can file lawsuit if an employer intentionally causes an injury. The employer must have committed a precise act that intended to cause injury to the employee. For instance, if an employer pushes an employee down a flight of stairs, you can sue. A worker may also sue if an employer is required to provide compensation coverage and fails to do so.

If you find yourself facing obstacles to securing worker compensation benefits, you should consult with an attorney. The laws can be very complex for someone who does not have a legal background. A personal injury lawyer will have the expertise in handling a worker’s compensation claim.

Author: Amy Nutt

Find a personal injury attorney Toronto that will help your case with honesty. Whether it is a medical malpractice, nursing home abuse, dog bites, work-related injuries, car accidents, traumatic brain injury or a slip and fall injury, our personal injury Lawyer can help you.

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

North Carolina Workers’ Compensation Law

Workers’ compensation laws prevent employees from suing their employer over an injury. But in certain instances, injured workers’ may be able to sue a responsible third party for their injuries. … And that is bad news for injured workers in the state. The ruling clearly favors businesses while leaving workers with few legal protections.

Workers’ Compensation

Maryland, in 1902, was the first state to pass a law requiring mining employers to provide workers compensation. While Maryland’s law set things in motion, it wasn’t until 1906 that the Federal Government passed a comparable law for unjured workers.

Disability Compensation Benefits for Injured Workers

Workers’ compensation benefits are paid to a worker who has a job-related injury or illness. These benefits may be paid by federal or state workers’ compensation agencies, employers or by insurance companies on behalf of employers.

Disability payments from private sources, such as private pension or insurance benefits, do not affect one’s social security disability benefits.

But workers’ compensation and other public disability benefits may reduce your social security benefits. Other public disability payments that may affect your Social Security benefit are those paid by a federal, state or local government and are for disabling medical conditions that are not job-related.

Some of these are civil service disability benefits, military disability benefits, state temporary disability benefits and state or local government retirement benefits that are all based on disability.

Some public benefits do not affect or reduce your social security disability benefits.

They are:

Veterans Administration benefits

State and local government benefits, if Social Security taxes were deducted from your earnings

Supplemental Security Income (SSI)

On the other hand, injured workers are also entitled to certain benefits under the workers’ compensation law. Here are the types of workers disability compensation:

Temporary Total Disability – This benefit is payable when the injured worker is unable to work during a period when he/she is under active medical care and has not yet reached what is called ‘maximum medical improvement’.

In most states, compensation is paid at two-thirds of the employee’s average weekly wage, not to exceed statutory weekly maximums above which no worker is entitled to compensation. It is common worker’s temporary total disability weekly benefit to be capped by these statutory compensation limits.

Temporary Partial Disability – A worker may be eligible for temporary partial disability compensation when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work.

Permanent Partial Disability – Compensation is awarded for certain types of permanent conditions which do not cause the worker to be totally unable to work.

Permanent Total Disability – In order to receive this type of compensation, the employee must prove that he is unable to return to work in any capacity, and that this is a permanent problem.

On the other hand, there are rulings in many states to the effect that a worker, who can perform only occasional, sporadic or undependable work, may still be deemed to be permanently totally disabled. Frequently, states’ workers compensation law permits lawyers to offer evidence of a workers age, education, training and experience in seeking to prove that the worker is incapable of substantial gainful employment.

Disfigurement/Mutilation – A states’ workers compensation law may permit the employee to be compensated for disfigurement or scarring, frequently in the absence of any actual impairment, and sometimes in addition to actual impairment.

Disabled workers and employees are entitled to a number of benefits under the law. To know more information about how these benefits may be applicable to you as a disabled employee, you need to consult a disability compensation lawyer who is knowledgeable with these issues.

No Win no Fee Lawyers Sydney – Tips for Selecting One

No win no fee lawyers can get you the settlement you deserve when you have been injured in an accident or someone else’s negligence. This article shows you how to choose the right lawyers for you.

No win no fee lawyers in Sydney are a huge help when you get injured as a result of an accident or someone else’s negligence. These professionals have the experience to make sure that your medical expenses and lost wages are covered by a successful settlement. The term no win no fee means you will not have to pay for anything until after your case is won.

At the end of this article there are contact details for one of the best no win no fee lawyers in Sydney Australia.

Prior to filing your accident compensation claim in Sydney, ask your no win no fee solicitors what they believe would be a fair settlement for your particular case. Inquire too about the length of time your case will take. If you have proper documentation during your first meeting, the workers compensation lawyer will be able to approximate how much the settlement will be and the length of time it would take. His replies will help you decide if he is the right lawyer for your situation.

Ask the compensation lawyers in Sydney how long they have been in the industry. The law firm’s history and experience are important considerations that can help increase your chances of winning your case. Equally important is finding a company that specializes in your type of case. If you are thinking of hiring Sydney workers compensation lawyers, ask how many similar cases the firm has already handled. This ensures that the law firm you hire is the best choice for your case.

Equally important is finding out if the law firm in Sydney you want to hire mainly handles cases for defendants or accident victims. Make certain that the legal firm you hire has sufficient experience in handling personal injury claims. In majority of cases, no win no fee lawyers will focus on ensuring compensation for accident victims. Still, it’s important to ask to avoid any conflict of interest.

Another question you should ask the Sydney car accident lawyer is about his fees. Although the law firm will not bill until after you win the case, the amount will usually be a set percentage of the total settlement. It is recommended that you find out exactly what that percentage is. Remember that the fee is already included in the compensation package you will receive, so you will still have enough for the payment of your medical expenses and lost wages. The fee should not be the only factor to consider when you’re choosing a legal firm though.

If you suffer from an injury caused by an accident, you will want no win no fee lawyers in Sydney to represent you. These skillful professionals will make sure that you receive just settlement for all the troubles and expenses you’ve incurred. By following the steps outlined in this article, you will find the top injury law firm for your specific requirements.

If you have suffered an injury in an accident, no win no fee lawyers in Sydney can help ensure you receive the payment you deserve.

You may have some questions when reading this article. You may also want to talk for free to a friendly, professional lawyer to find out whether you have a case. If so, visit the website of Australia’s top compensation lawyers.

By Angel Allison
Published: 4/24/2009

Workers Compensation Insurance as Employee Benefit

Employers have a legal and a moral responsibility to provide their employees safety at their workplaces. But despite the best of safety measures in place, accidents cannot be totally eliminated and they can, at best, be minimized. It is the responsibility of an employer to maintain a safe workplace, have workers compensation insurance covering his employees and protect the workers from financial hardship in the event of a workplace injury. Workers compensation insurance covers workers injured not only while they are on the job, but also if they are involved in road accidents while on business. It also covers work-related illnesses.

Workers compensation insurance protects employers from lawsuits resulting from workplace accidents and to provide medical care and compensation for lost income to employees hurt in workplace accidents. Without bothering who is at fault, Workers compensation insurance provides payments to injured workers. It also provides death benefits to surviving spouses and dependents. Workers’ compensation insurance protects employers and injured workers from financial costs when a worker sustains a work-related injury or health disorder.

If a business employs or engages workers whether on a regular, casual or contract basis, they are deemed to be employees and must be covered by a workers compensation insurance policy. For purposes of Workers compensation insurance, even trainees and apprentices are considered as workers. A worker will also include all persons who receive wages or commission, regardless of the number of hours they work each week, and even if they work away from the employer’s premises.

There are many employees – like workers lent or on hire, outworkers, mine employees, boxers, wrestlers, referees and entertainers, salespersons, canvassers, collectors, voluntary ambulance workers, rural workers etc – who are called deemed workers and these deemed workers are also to be covered by the Workers compensation insurance. Workers’ compensation insurance is compulsory. As an employer, if you are not insured under the worker compensation insurance, you may be liable for fines of up to $5,000 per worker, as well as an amount equal to any avoided premiums retrospectively for five years. The law is tough and if you continue to be uninsured even after the date of your conviction, you will commit a separate and further offence for every week you are uninsured.

All proprietor or partnership companies that employ workers must take workers compensation insurance policy. But only the employees and not the sole trader and partners would be covered by this insurance. Sole traders and partnerships should consider taking out a personal accident and illness policy or an income protection policy, in case they are injured and unable to work. But this is optional and not a mandatory requirement. A private limited company must have a workers compensation insurance policy to cover all its workers. Working directors or directors undertaking employee type of duties are considered workers of the company.

Workers’ compensation insurance covers workers when they are working for any trade or business and/or while acting under their employer’s instructions. The insurance coverage protects the worker and the business from financial loss when a worker sustains injury or health disorder. It provides injured workers with weekly payments to cover loss of earning capacity and payment of reasonable medical and vocational rehabilitation expenses to help them recover and return to gainful employment. In extraordinary circumstances, if a worker is not be able to return to work, he may be entitled to receive specialized retraining an in some cases, workers may be entitled to lump sum settlements. It has to be borne in mind that workers’ compensation insurance does not recognize injuries suffered by a worker during his journey between his residence and place of work or vice versa.

He written many articles in various topics.For more information visit:

outsourcing service

By Peter Sam
Published: 7/24/2008

Workers Compensation Administration Services

Workers’ compensation administration services offered by PEOs include Workers’ compensation reporting, Workers’ compensation safety plans, and much more.

Workers’ compensation administration services are one of the comprehensive services offered by PEOs or Professional Employer Organizations. Workers’ compensation refers to a type of insurance that involves providing medical care compensation for employees who have been injured while working in an organization.

This is provided in exchange for the employee relinquishing the right to carry out legal action against the organization for negligence. Workers’ compensation sometimes has a flexible administration, as a disability insurance, health insurance or life insurance.

Companies outsourcing their workers’ compensation administration to PEOs can experience multiple benefits. As is the case with all HR responsibilities that are outsourced, PEOs take care of all the processing and paperwork involved, handling insurance audit claims and also maintaining OSHA records and all other necessary records and documents.

PEOs also enable their client companies to choose from multiple coverage options, and this is easy since they have strong associations with multiple insurance providers. Client companies are therefore offered competitive rates that would add to their profitability. The workers’ compensation administration services offered by PEOs generally include:

Workers’ compensation reporting

Workers’ compensation risk reduction services

Workers’ compensation safety plans

Information about regulation

Claims management, which includes, apart from managing and processing claims, investigating fraudulent claims and preparing workers’ compensation hearings

PEOs enter into a co-employment relationship with client companies, taking over the employer responsibilities and managing the risks while the employers control their employees at the workplace.

Along with workers’ compensation administration services, PEOs administer employee benefits, provide payroll services, offer innovative recruitment and selection solutions, ensure regulatory compliance, manage employer liability, and more. A PEO helps employers concentrate on improving their business operations, while it leaves no stone unturned in efficiently carrying out the HR tasks.

Workers Compensation Administration Services
Takes Over Your Burden of Handling Insurance Premium Audit Claims and Keeping OSHA Records

By Chris Walton
Published: 12/8/2008

Workers Comp Fraud

When is comes to employer-employee relationships, one thing to ccnsider is the fact that the work place become a place for workers comp fraud.

Workers’ compensation fraud is the most common and discussed form of fraud. Employers can easily deal with and prevent workers’ compensation fraud, but only if they are careful, diligent, and quick to attack it from every angle. Otherwise, it can cost businesses several salaries’ in fees. The most common form of claimant fraud occurs when an employee knowingly lies about an injury in order to collect benefits from the work place. Often times they will claim an injury occurred at work when in fact, it occurred at home. Others will exaggerate injuries, or continue to work after collecting benefits as a way of making extra money.

It is important to remain empathetic and compassionate when dealing with your employees. It is not fraudulent to collect benefits if an injury is in fact work-related. Keep in mind that most injured employees will not return to work until their doctors advise them to do so, so elongated periods of absence are not necessarily a sign of fraud.

disability test used for workers comp

If workers who exhibit one or more of the following behavioral patterns make any claims, contact your carrier immediately. Doing so may seem paranoid, but it will only help you save a great deal of money in the long run.

Remember that there is rarely an exact science to discovering and proving claimant fraud. There are a variety of things to look for, however, when a claim is made, or when you think a claim is about to be made. Disgruntled employees are often the most likely to act erratically. Many workers who are denied vacation time, demoted, or laid off will be in danger of fraudulent behavior. Keep an eye on such employees.

If an staff member becomes difficult to contact while collecting benefits, there is a chance that they are working another job at the same time. Keep track of the time it takes to get in touch with your employees.

Some claims will be made that involve an injury taking place without the presence of other witnesses. If that is the case, find out exactly what the employee was doing, why they were alone, and if it is in their job description to be in such a situation.

Statistics show that new employees are more likely to take advantage of their employers than those who have been with a company for an extended period of time. Keep a close eye on new workers, and keep track of their behavior. Statistics also show that a significant percentage of fraudulent claims involve accidents taking place on Mondays and Fridays.

Keep an account of the exact description of your employee’s accident. Some workers will give a different account of their injury to their employer and doctor. Inconsistency in retelling gives cause for suspicion.

Author: Budda Oliver

Mr. Oliver is a marketing agent of Stamp Out Fraud. The Virginia insurance fraud program provides help in stamping out insurance fraud throughout Virginia. For more information on their Insurance Fraud Program please visit their website.

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

California Workers Comp Fraud

There’s been a growing awareness that employer premium fraud is a major problem for California’s workers’ comp system. Last week, out of Orange County, comes a primo example of the problem.

Workers’ Comp. Fraud Charge

A Saratoga County man who claimed he hurt his arm lifting sheet rock was taken into custody by New York State Police for allegedly returning to working while he collected workers’ compensation benefits from the New York State Insurance.

Workers’ Comp Fraud

A Washington County man who collected $83000 in workers’ compensation benefits by claiming a back injury prevented him from working was arrested Friday after investigators found that his reported injuries didn’t stop him from skydiving.

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Workers Comp Rates – What to Look for

Workers’ compensation rates have been on the rise across the country. When you look at the state of affairs as it exists today, it’s likley that you are not paying the proper amount in premiums.

Wouldn’t you like to know if you are being overcharged?

Insurance companies are notorious for giving people the runaround when it comes to analyzing their workers compensation premium amounts or the calculation of their experience modification rating. It’s in the insurance company’s best interest to keep you ignorant about your policy. If you knew about these mistakes you would be demanding a refund on your overpaid workers’ compensation premium.

Things They Don’t Want You to Know:

Lack of One Entity Overseeing the Process: The insurance company will only do as much as they have to according to the state insurance laws. They do not calculate the experience modification factor or develop classification codes. This is done by rating bureaus like the National Council on Compensation Insurance (NCCI) or in California the Workers Compensation Insurance Rating Bureau (WCIRB). The insurance agency or broker is paid by the insurance companies and are subject to contracts with them. Because everybody works independently of each other, too many hands touching your data can lead to mistakes that cause you to be overcharged!
Your Experience Rating Compares Your Company’s Past Premiums with Past Losses: In reality, the formula compares the actual incurred losses for your company with average loss data for all companies in the state who utilize the same classification codes and similar amounts of payroll.
Large Insurance Companies Don’t Make Mistakes: The entire system is based upon a method of reporting data that almost guarantees mistakes. First, is simply the "human element" – people making mistakes, which leads to the "garbage in – garbage out/overpaid premium" problem. Second, there is the timing issue, with reporting the data to the bureau that calculates the experience modification. Lastly, as we have discussed above, no one is performing a quality control check on themselves or on each other.
There Are Errors in The Calculation of Your Audit Premium: Unfortunately, many insurance company premium auditors are under tremendous pressure to audit as many policies as possible. On top of that, they are poorly trained in workers compensation laws and auditing procedures. As a result, payrolls are often reported incorrectly. They either are overstated, not limited by legitimate audit rules, or misclassified. Either way, it is costing your company money.
Insurance Companies Would Never Recommend an Independent Audit: The workers’ compensation insurance industry is burdened with errors from wrong classification codes to simple incorrect calculations, costing your business money. Because of the complexity of the workers compensation system and the various entities involved, there is no universal method to correct these errors. An independent audit would reveal these errors, entitling your company a refund, which would make the insurance companies look bad.

Question:

Would you allow an IRS agent to conduct an audit without an expert at your side?

Would it seem like a good business move if you were to have the IRS call you, ask you to send them your estimated taxes for the year, then have them pickup your records at the end of the year and just trust that they made sure you paid the lowest amount of taxes you were legally obligated to pay?

I don’t think so!

A worker’s compensation audit performed by the insurance company may actually cost you more than an IRS audit. Typically a workers’ comp audit occurs every year, whereas you may never get audited by the IRS.

With workers compensation rates skyrocketing these days, it’s a smart move to speak with a workers comp consultant about reviewing your insurance premiums to make sure that you are not being overcharged.

Author: Randy Russell

With over seventy years of combined experience in the workers’ compensation industry, our experience and "inside knowledge" of the system allows us to understand the complication and red tape that can occur when dealing with workers’ compensation premium overcharges and get you the money you are due.

For more information on how to lower your workers compensation rates go to: Workers Compensation Rates or California Workers Compensation Rates. Randy Russell, CPA

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

Workmans Compensation Fraud

So if my employee made $500 for the week building a house for me I would have to pay $105 in workman’s comp premium for that one employee. This rate assumes you haven’t had any claims over the last year.

Should You Get Worker’s Comp for Catching Swine Flu at Work

Employers are concerned because workers’ compensation premiums are based on the number of claims. One worker with a highly infectious disease could infect an entire office or plant.

Workers’ comp rates rising

Here’s another reason: Fraud is a key factor behind high comp insurance rates for other companies. When employers under-report the number of insured workers to reduce their comp premiums, it looks like there are fewer workers in a particular industry.

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Workmans Comp Attorneys .com is dedicated to providing you with information regarding workmans compensation benefits and lawyers who can help those who feel they are not receiving the benefits that re rightfully theirs. Here you will find helpful reviews, informative information and tips and much more. This site is in the format of a ‘weblog’ so that each time new information is posted, it will come to the top of the front page. This means that you can check back here frequently to see new updates to the information found here.

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