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 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

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