Workers Comp | Workman's Comp Attorneys

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

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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.

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

Workers’ compensation 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.”

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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Workers Compensation

One of the best examples of a statutory employee under Workers Comp is an employee that is hired to do the same work that the company employees regularly do may be considered a statutory employee. There was a famous Missouri Supreme decision that spells out a four-prong test to see if an employee is a statutory employee or not.

Missouri Workers Comp

Missouri employers scored a major victory when the state overhauled its workers compensation law in 2005. Concerned about an avalanche of claims and soaring business insurance rates, the state’s Republican-dominated legislature decidedto narrow the types of injuries compensable under the workers compensation scheme.

Missouri Court Rejects Labor Challenge to Workers’ Compensation Law

The state Supreme Court rejected labor union challenges Tuesday to a 2005 law that limited the ability of some injured Missourians to get benefits under the state’s workers’ compensation system.

Workers Comp Costs

Workmans comp costs can rise at an alarming pace. Please note these different things that can affect the workman’s comp premiums you pay.

10 Guaranteed Ways To Drive Workers’ Comp Costs Up

You have implemented a corporate return-to-work program but your projected workers’ compensation savings haven’t yet materialized. Supervisors are telling you they can’t get employees back to work. It may be time to examine the impact of collateral resources, often resulting in employees out on workers’ compensation receiving more income and benefits than they would have if they were working.

Many companies fail to look closely enough at their internal wage and benefits structure before embarking on programs to reduce workers’ compensation costs. There are numerous collateral income benefits and sources providing built-in disincentives to remaining injury-free or returning to work as soon as possible.

For example, a major newspaper was considering an expensive incentive program to motivate employees to return to work, but a careful examination of the company’s situation revealed the reason employees were not returning to work was because they earned the equivalent of 115 percent of their pre-injury earningswhen the stayed out of work.

In another case, an injured construction company employee received long-term disability (LTD) payments after 26 weeks of disability, in addition to workers’ compensation benefits. The total of these benefits exceeded his pre-injury earnings.

The employee also had purchased credit disability insurance, thereby eliminating his house and car payments while unable to work. His child care and commuting expenses also were greatly reduced while he was home. As such, he refused his employer’s offer of a transitional duty job at full salary because his LTD and credit disability policies would have terminated the benefits.

In a large company, the directors of human resources, industrial relations, workers’ comp and employee benefits and compensation must all be involved in designing, administering and maintaining policies. Incentives to remain at and return to work must be built into the management systems. Disincentives must be removed from all direct and indirect sources. Substantial savings can be achieved when a company coordinates its salary, benefits and compensation programs so employees don’t earn more by staying out of work.

If not properly coordinated, a company’s employee
benefit and compensation programs may inadvertently
serve to extend workers’ compensation absences.

Reasons Employees Fail to Return to Work
(Make sure your corporate legal counsel reviews state and federal laws that apply to your situation.)

1.Salary and Wage Continuation. Some companies pay 100 percent of salary in lieu of having an employee collect workers’ compensation for injuries of short duration.

2.Occupational Injury Pay Supplements Many firms pay supplemental benefits to make up the difference between workers’ compensation benefits and regular earnings.

3.Open-Ended Job Return: Instead of holding jobs open indefinitely, employers should hold jobs open for a specific time period, such as six or nine months.

4.Vacation and Sick Time: Companies frequently allow vacation and sick time to accrue for employees on workers’ compensation. Some even allow employees to ‘borrow’ more sick time if they need to stay out of work longer.

5.Short-Term Disability: In some companies, disabled employees receive STD benefits in lieu of salary after six weeks. But the standard definition for disability may differ from workers’ comp, allowing an employee to collect both.

6.Perk Continuation: Employers often maintain ancillary benefits and privileges such as car allowances, club and professional dues, company store privileges and periodical subscriptions for employees on disability.

7.Loan Protection Policies: Individual insurance policies are available to pay mortgages and consumer loans such as car loans and credit card debts in the case of a disability.

8.Unemployment Compensation: In a few states, an employee receiving workers’ comp also can qualify for state unemployment benefits.

9.Pension and Retirement Plans: If these plans do not allow for offset of workers’ comp benefits, an employee can receive workers’ compensation benefits and a full pension.

10.Product Liability Actions: An employee can file an action against the manufacturer of a product that injured him to collect damages. The employer should seek reimbursement for workers’ comp payment from any such settlement.

Robert Elliott is a senior vice president with Amaxx Risks Solutions, Inc. Over the past 20 years, he has worked successfully with many industries reducing Workers’ Compensation costs, such as airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and many other industries and organizations. Contact him at Robert_Elliott@ReduceYourWorkersComp.com

By: Robert Elliott

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www.ReduceYourWorkersComp.com

Workers Compensation Claim Presentations

Here are the steps that you should pursue first to file your workman’s comp claim and hopefully will not require assaitance from a workman’s comp attorney.

How To File Workers Compensation Insurance Claims

Getting Workers Compensation Insurance Claim is somewhat simple, follow the steps listed below:
– The first priority is to get medical attention immediately.
– Inform your employer [which means either your supervisor or the Human Resources Division].
– Send in your claim to the Worker’s Compensation unit.
In some cases what is seemingly a minor injury can later develop into a serious issue. Therefore it is always advisable that you place the matter on record by informing your employer and also making a submission to the Workers’ Compensation Insurance Claims office.

In case your employer needs you to be seen by the company doctor, as long as it is not an emergency and also a practical course of action to adopt, then by all means do so. However if it is an emergency, go to the closest hospital for immediate attention.

There may be time limits for submitting Workers’ Compensation claims specified by the state in which you are, so you should not delay to do so. Your employer would normally be able to supply you with the necessary forms to make your claim.

In the event that your company cannot, the local state office would be able to. Their telephone numbers can be traced from the white pages in the government section in the local telephone book. The phone company or even the internet would supply you with the necessary contact details. A list of state by state website links, telephone numbers and office addresses is maintained by the U. S. Labor Department.

How to make an Appeal on the Compensation Claim of a Worker
The Board of Compensation for Workers’ is the entity before which you may obtain a hearing in the vent that your employer turns down or disputes the claim you have made for benefits. If you are unsuccessful at this juncture, you are further allowed to go before the Administrative Law Judge in the Workers’ Compensation unit.

In the event that you fail in this exercise as well, there is a possibility you could take it up to the judicial system through a court of law. How complicated you case might be will be the factor that will determine your requirement of a lawyer to represent you.

On the occasion that you might have to face a judge of either the court or the administrative systems, it is advisable that you have retained a lawyer. It is also suggested that you contact a lawyer well versed in Workers Compensation Insurance Claims and also in labour law.

By: Walter Sigmore

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

Workmans comp insurance claims

We believe you should not have to wait to be terminated before filing a lawsuit which alleges your employer is retaliating against you for filing a worker’s comp claim. What if you file a claim for a work injury and your employer cuts you pay.

Insurance for Workers Compensation

The United States, amongst other countries has laws in place to protect employees in case they become ill or suffer work place injury. In a nutshell this program is known as workers compensation insurance.

The specific coverage and the eligibility criteria for workers compensation insurance varies from state to state. For example in some states the coverage is extended to the worker’s family in case the employee sustains a long term injury. In other states the laws could be quite different. This is why it is always advised to check out the details associated with the program according to your state.

The coverage is not the only thing that varies from state to state. Each state also outlines the range of injuries and illnesses that are to be compensated for along with the type of award. Laws framed on the federal level are only applicable to government employees and those individuals involved in interstate commerce.

In general, workers compensation insurance covers work related illnesses and all other kinds of accidents in the work place. Employees harmed while conducting business outside of the work place may also be liable to receive an award under the program. For example if an employee is injured while making a delivery for his company he will be covered by the compensation program.

It is also important to know that the workers compensation insurance is not just limited to medical expenses. Rather it also protects employees from losing all their income in seeking treatment for an illness or injury. Hence when an employee covered by the compensation program is undergoing treatment and unable to attend work he may still be paid up to 2/3 of his salary. In case the employee has been permanently disabled, this amount may be far greater.

Some states also include vocational rehabilitation under their workers compensation insurance programs. This happens when an employee suffers from a disease or injury that makes him unable to perform his previous job. In such cases he will be able to undergo vocational training for a new skill so that he can find a new job. In other cases the company may be forced to create a new opening for the disabled individual.

As beneficial as these programs are employees often have to fight lengthy cases to receive the compensation they are entitled to. This is why it is important to go through the right sources from the start. Otherwise you may end up hiring an attorney to fight your case that you will end up paying as well. It is highly advised to read up on what your rights are under this program according to your state regulations. Most will even offer you free initial consultation. In other cases attorneys don’t charge until the employee receives a settlement.

You can also take assistance form organizations that specialize in providing legal advise to employees and companies on how to find the best workers compensation and general liability insurance solutions.

Author: Daisy Wilson

Find expert guidance for Workers Compensation Insurance at http://www.shopinsuranceonline.com. The website provides news and information to companies looking to obtain the program for their business.

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States watch Chrysler’s impact on workers’ comp

It purchases workers’ comp insurance in some states while self-insuring in others, according to various state regulator databases. Cox filed a motion in the U.S. Bankruptcy Court for the Southern District of New York, which is handling the Chrysler bankruptcy, last week objecting to some of the language in Chrysler’s bankruptcy filings. He said filings show there is potential for Chrysler and a buyer of its assets to disregard the auto manufacturer’s existing workers’ comp obligations.

Save money on workers comp

state workers compensation insurance

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.

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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.

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