First, being fired from the job where you were injured should not affect your ability to receive medical care from your employer's workers' compensation insurance carrier. Second, it is illegal for any employer to fire you for filing, for requesting to file or for hiring an attorney to represent you in your workers' compensation claim.
Florida's work comp system is intended to be self executing; you are supposed to get medical care and lost wage checks if taken out of work. If you have been fired due to your injury, or due to your employer's inability to provide work for you due to your injuries, the work comp insurance company is required to pay you a percentage of your average weekly wage. Unfortunately, we see many injured workers who do not get their checks, do not get their checks timely or do not get the appropriate amount of money that they are owed.
If you are placed on a no work status you may be entitled to what are called temporary total disability checks. While you are unable to work you would receive these monies. Once you were returned to work the insurance company will issue you temporary partial disability benefits as long as they cannot accommodate your restrictions. If your employer can find you a light duty position then you will only receive work comp checks if you are making less than 80% of your average weekly wage.
Once the workers' compensation doctors place you at maximum medical improvement, the workers' compensation checks will be converted into what are called impairment income benefits. Once those are completed, the work comp checks may stop. At that time you may be able to apply for additional benefits depending on your injuries and your permanent work restrictions.
If you believe you have been fired for attempting to pursue a workers' compensation claim, you may have a §440.205 retaliatory discharge claim which exists outside of Florida's workers' compensation system.
Call one of our experienced workers' compensation attorneys today for a free and confidential consultation or visit us online.
My Employer Fired Me, What Happens To My Work Comp Case?
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Question: I suffered a small cut on my finger at work last month. My boss was in the room when it happened. I went to the company nurse who cleaned the cut and gave me a band-aid. No paperwork was filled out because it semed like no big deal. Well now the cut is infected. It’s... Read more »
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Benefits Are Available for Part-Time Workers Injured on the Job
Part-time employment is becoming more common and is often the only job people can find. Employers do not have to provide many types of benefits to part-time workers and this is a big cost saving measure. Employers often do not have to provide health insurance to part-time employees and if they don’t work more than 1,250 hours in a given year, they are not eligible for Family Medical Leave Act (FMLA) protection if they miss time from work. Fortunately if you are hurt at work, you are entitled to workers’ compensation benefits.
Employers are required to provide injured part-time workers with medical treatment for their injuries. This is a requirement whether or not your employer provides you with private health insurance benefits.
You are entitled to temporary disability benefits if you’re hurt at your part-time job. Your out of work benefits are based on your part-time salary. However there is a minimum rate that you have to be paid, regardless of what you actually earned at work. In 2013 the minimum workers’ compensation rate is $220.00 per week, whether or not you earned this much before your injury.
If you have more than one job, you may be able to collect New Jersey State Temporary Disability Benefits for the second job. This can help supplement your income if you’re going to have to miss work. If you’re taken out of work, you cannot work at a second job without obtaining permission from the doctor and insurance carrier.
Many issues arise when someone is injured on a part-time job. Just know that you are entitled to medical benefits, temporary disability payments and a dollar award for any permanent injuries. If you’ve been hurt at work, contact me directly with any questions.
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What is Form 60 in Workers’ Compensation?
North Carolina Industrial Commission (NCIC) Form 60 is the Employer’s Admission of Employee’s Right to Compensation. This form is completed by the employer in order to specify the injuries that they are assuming responsibility for and the amount of compensation that they agree to pay. In the form, the employer will detail the date of […]
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Wrong Way Driver On I-26 In North Carolina Causes Deadly Wreck :: Personal Injury Attorneys and Lawyers in Charlotte, NC
Attorney Matthew R. Arnold answering the question: "What if the accident was my fault?"
According to North Carolina law enforcement officials, a retired minister was likely suffering from health problems and was confused at the time of his recent deadly interstate crash outside of Asheville, NC. Officials say that 63-year-old Dennis Tornquist died when his car collided head-on with the car driven by 61-year-old Fred King on I-26 late last month.
The terrible accident took place at 3:25 a.m. and occurred near the Brevard Road exit. Police say that Tornquist, in his Honda Civic, was heading west in the eastbound lanes of I-26 when he collided with King's eastbound Chevy Tahoe. The force of the head-on collision was intense and it left both men dead at the scene of the accident. Before coming to a stop after hitting King's vehicle, police say Tornquist grazed a tractor-trailer driven by a Tennessee trucker, causing relatively minor damage.
Tornquist's family says the man had suffered a series of heart attacks and strokes that caused brain damage and frequently resulted in confusion. Police say they are continuing to investigate the crash and that they are looking into reports of Tornquist's previous health problems as a potential cause.
The crash stands as a tragic reminder of the dangers of wrong-way driving, a problem that impacts drivers across the country far more often than many people might imagine. As most people would expect, such wrong-way accidents are incredibly deadly; in fact, more than 20 percent of wrong-way crashes are fatal while 50 percent result in serious or debilitating injuries. This is vastly higher than other categories of accidents, especially when compared to .3 percent fatality rate for other highway accidents.
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Texting May Be Responsible For Recent North Carolina Teen's Serious Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC
Attorney Matthew R. Arnold answering the question: "If I am injured in a car accident or at work what should I do?"
A teenager from Union County, North Carolina is currently recovering after a serious car accident earlier this week that authorities now believe may have been caused by distracted driving. Officials with the North Carolina Highway Patrol say that they have reason to believe the teenager's collision with a dump truck may have been caused by the teen's decision to text and drive.
According to authorities, the wreck happened a little before 7:30 in the morning when 16-year-old Paul Glaser was on his way to pick up his girlfriend for school. Police say that Glaser failed to yield to a dump truck that was passing through an intersection and was then hit by the truck. Police say they have gotten word that Glaser was late for school and may have been in a rush to pick up his girlfriend. Police also say that they have heard reports that Glaser was either texting before leaving his house that morning or that he may have been texting during his car ride to school.
Investigators say that a quick search of Glazer's phone turned up a message that simply read "OMW" (on my way) though it is unclear if the timestamp on the text message corresponds with the time of the accident. Police say they still need to speak to Glaser about the accident once he has recuperated from what emergency officials say were serious injuries.
After being hit by the dump truck Glaser was rushed by ambulance to Carolinas Medical Center where he underwent surgery to have his spleen removed. Glaser also suffered several broken ribs, but is thankfully in stable condition.
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What Qualifies You to Receive Social Security Disability Benefits?
Many people do not realize that in order to qualify for Social Security Disability benefits you need to have worked a certain number of “quarters” in addition to being totally disabled. Typically to get disability benefits, you must meet two different earnings tests:
A “recent work” test based on your age at the time you became disabled; and
A “duration of work” test to show that you worked long enough under Social Security.
The following table shows the rules for how much work you need for the “recent work” test based on your age when your disability began. The rules in this table are based on the calendar quarter in which you turned or will turn a certain age.
The calendar quarters are:
First Quarter: January 1 through March 31;
Second Quarter: April 1 through June 30;
Third Quarter: July 1 through September 30; and
Fourth Quarter: October 1 through December 31.
Rules for work needed for the “recent work test”
If you become disabled...
Then you generally need:
In or before the quarter you turn age 24
1.5 years of work during the three-year period ending with the quarter your disability began.
In the quarter after you turn age 24 but before the quarter you turn age 31
Work during half the time for the period beginning with the quarter after you turned 21 and ending with the quarter you became disabled. Example: If you become disabled in the quarter you turned age 27, then you would need three years of work out of the six-year period ending with the quarter you became disabled.
In the quarter you turn age 31 or later
Work during five years out of the 10-year period ending with the quarter.
The following table shows examples of how much work you need to meet the “duration of work test” if you become disabled at various selected ages. For the “duration of work” test, your work does not have to fall within a certain period of time.
NOTE: This table does not cover all situations.
Examples of work needed for the “duration of work” test
If you become disabled...
Then you generally need:
Before age 28
1.5 years of work
Age 30
2 years
Age 34
3 years
Age 38
4 years
Age 42
5 years
Age 44
5.5 years
Age 46
6 years
Age 48
6.5 years
Age 50
7 years
Age 52
7.5 years
Age 54
8 years
Age 56
8.5 years
Age 58
9 years
Age 60
9.5 years
Generally if you have not worked enough quarters to qualify for Social Security benefits, you are out of luck. However I recently spoke with a client who was only three credits short of meeting the requirements and due to her illness she met the physical requirements of disability. Luckily she was in a position to be able to return to work for a few months as a consultant, making her own hours, in order to earn the last three quarters she needed to qualify for benefits. This was a unique situation but it shows that in certain circumstances, if all of the other criteria for disability are met there is still an opportunity to earn the missing quarters and qualify for benefits.
I represent many clients who have become totally disabled, either as a result of a work related injury or a chronic illness. Please contact me for a free consultation if you have questions about social security disability.
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Listen to the GAO Podcast: Social Security Administration Improper Disability Insurance Payments
Social Security Administration Improper Disability Insurance Payments
Click here to listen
SSA's DI program is the nation's largest cash assistance program for workers with disabilities. Though program rules allow limited work activity, some work activity indicates beneficiaries are not disabled and therefore not entitled to DI benefits. Consequently, SSA might overpay beneficiaries if the agency does not detect disqualifying work activity and suspend benefits appropriately.
GAO was asked to study potential DI overpayments. GAO examined the extent to which
(1) the NDNH indicates that individuals received potential DI overpayments; and
(2) SSA's enforcement operation detects potentially disqualifying work activity during the waiting period.
GAO drew random, generalizable samples of individuals from those whose earnings on the NDNH were beyond program limits and compared wages from their employers to DI program data to identify potential overpayments. To illustrate the circumstances in which SSA made potential DI overpayments, GAO reviewed case files for a nongeneralizable selection of six individuals--three who worked during their waiting period, and three who received potential overpayments for at least 3 years.
Recommendation: To improve SSA's ability to detect and prevent potential DI cash benefit overpayments due to work activity during the 5-month waiting period, the Commissioner of Social Security should assess the costs and feasibility of establishing a mechanism to detect potentially disqualifying earnings during all months of the waiting period, including those months of earnings that the agency's enforcement operation does not currently detect and implement this mechanism, to the extent that an analysis determines it is cost-effective and feasible.
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CA's New Rate Filing Reflects Uncertainty
Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com
The political grandstanding that is typical this time of year when the California Workers' Compensation Insurance Rating Bureau publishes is pure premium rate request should be boisterous.
The WCIRB's Governing Committee yesterday voted unanimously to approve a 2014 advisory pure premium rate of $2.70 per $100 of payroll.
This is 3% more than the $2.62 rate the committee approved in August and is 6.9% higher than the average insurer filed rate of $2.53.
And even then rates may be inadequate to cover loss developments according to members.
The combined ratio remains well north of 100%.
Much of the uncertainty stems from the pending conversion to the Resource Based Relative Value Scale for physician reimbursement.
Estimates on the impact of the conversion range from no impact to an increase of up to several hundred million dollars.
The reason for the vagueness is that there are codes in the current system that have not yet been "cross talked" to the RVRBS.
Adding to the complexity is that for unknown reasons claim frequency has been climbing.
Increased frequency and medical loss-cost development that was observed in data collected through the end of June accounts for more than two-thirds of the proposed rate increase. (About 2% of the increase for 2014 is attributed to higher permanent disability benefits.)
Some suspect this is due to resolution of complex older claims that had been languishing because of Medicare set-aside requirements as well as the nature of the injuries.
Since...
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Bill limiting workers' comp claims by athletes is sent to governor
Today's post was shared by Workers Comp Brief and comes from www.latimes.comMonths of heavy lobbying by the National Football League and other professional sports team owners paid off when lawmakers gave final passage to a bill to limit most workers' compensation claims by out-of-state professional athletes.
The bill, AB 1309 by Assemblyman Henry T. Perea (D-Fresno), cleared the Assembly on a 66-3 vote and was sent to Gov. Jerry Brown. The governor is expected to sign the bill into law, Perea's office said.
Last week, the measure received an overwhelming endorsement in the state Senate with a 34-2 vote.
Perea's proposal, which was opposed by the NFL Players' Assn. and the AFL-CIO, would close a provision in California law that allowed players from out of state to file workers' compensation claims for so-called cumulative trauma, including head injuries that manifested themselves years after their careers had ended.
Many of those players may have participated in just a handful of games in California over the course of their careers.
During the bill's eight-month transit through the Legislature, team owners argued that California had become a de facto forum for claims filed against football, baseball, basketball, hockey and soccer franchises and their insurance companies.
Players unions countered that the employers don't want to be responsible for their former workers' head injuries and other ailments.
Former athletes have filed more than 4,400 claims involving head and brain injuries since 2006, according to the state workers'...[Click here to see the rest of this post]
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Legislators consider workers’ comp changes
Wisconsin Republicans look toward limiting workers' compensation benefits.Today's post was shared by WCBlog and comes from lacrossetribune.com
Wisconsin surgeons performing the same arthroscopic knee surgery on two groups of patients in recent years collected on average $1,573 from one group and $3,728 from the other.
The difference? The lower amount came from those with a group health insurance policy, while the higher amount came from those injured on the job and covered under the state’s workers’ compensation system.
The price discrepancy, reported in a recent study of medical payments in Wisconsin, is fueling discussion about the cost to businesses of workers’ comp insurance. In an unusual move, several Republican lawmakers are considering changes to the system.
Wisconsin’s workers’ compensation system is considered one of the best in the country. Injured workers can access quality health care and return to work quickly, keeping costs low.
The average duration of workers’ comp benefits is 60 days, the shortest of all the states and half the national average, according to recently published data from the National Council on Compensation Insurance.
Typically the state’s Workers’ Compensation Advisory Council, with representation from management and labor, sets workers’ comp policy by bargaining changes and recommending bills to the Legislature. Lawmakers often adopt the proposals without changes in order to insulate the system from political swings in leadership
But Republican legislators led by Rep. Dan Knodl, R-Germantown, are reviewing of the issue as part of...
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State files charges against city business
Employer fraud results in criminal charges.Today's post was shared by WCBlog and comes from citizensvoice.com
The state Department of Labor & Industry on Friday filed criminal charges against a Wilkes-Barre business, alleging it failed to maintain worker's compensation insurance.
Kus Tire Inc. at 10 Carey Ave. is charged with 100 felony counts of failing to procure worker's compensation insurance, court records say.
A message left seeking comment at Kus Tire was not immediately returned.
According to a criminal complaint, the business, headed by Bernard Kusakavitch, failed to have the insurance for 100 days - from Sept. 10, 2008, through Sept. 17, 2008, and again from Oct. 1, 2011, through Dec. 31, 2011.
As a self-insured employer, the business was not exempt from possessing the coverage, the charges say.
The complaint said an employee, Walter Booth Jr., was injured Sept. 12, 2008, and subsequently petitioned for benefits from the Uninsured Employers Guaranty Fund, which provides benefits to injured employees of uninsured employers.
According to the complaint, Workers' Compensation Judge Joseph B. Sebastianelli awarded Booth benefits on May 31, 2011.
Investigators filed a summons against the business Friday. The matter is scheduled for a preliminary hearing before Magisterial District Judge Rick Cronauer at 9 a.m. Oct. 31.
jhalpin@citizensvoice.comcomments powered by Disqus[Click here to see the original post]
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Moosic Clarks Summit Workers Compensation- Daleville Moscow Work Injury Lawyer
If you suffer a work-related injury in Pennsylvania, it’s very important that you report the injury in a timely fashion. You should report any injury or work-related illness to your employer or supervisor immediately. You should tell your employer how the injury occurred, the date of the injury and where the injury occurred. Failure to... Read more »
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Alabama’s Judicial Estoppel Defense in Workers’ Compensation Matters... Use it or Lose it!
On February 15, 2013, the Alabama Court of Civil Appeals released its opinion in CVS/Caremark Corp. v. Gloria Washington wherein it addressed the affirmative defense of judicial estoppel in the workers’ compensation context. Specifically, the Court noted the availability of the defense but only when properly pled.
The Court of Appeals had previously addressed the issue in White Tiger, Inc. v. Paul Clemons (released January 13, 2012). In that case, the Court ruled that a claimant’s assertion that he was available and able to do some work at his unemployment hearing, did not prevent him from being awarded permanent and total disability benefits in his workers’ compensation case. The Court noted that being willing and able to do some work does not necessarily mean that you are able to secure employment that you are physically able and qualified to do. In the workers’ compensation case the plaintiff testified that he could not secure work because of his disability but he would give it a shot if someone hired him for a job he was qualified to do. For this reason the Court held that the two statements, in separate judicial proceedings, did not contradict one another in order to satisfy the necessary criteria for judicial estoppel to apply.
In the more recently decided Washington case, the Court held that the employer waived its right to assert judicial estoppel as a defense by not affirmatively asserting or pleading it. The Court further noted that the employee would have been judicially estopped from prevailing on a claim for permanent and total disability benefits based on the Court’s rationale in Clemons. The Court distinguished the two cases because the employee in Washington testified in her workers’ compensation case that she could not work at all because of her pain and she had not sought employment. The employee further admitted that she misrepresented her condition and ability to work in her claim for unemployment benefits. Unlike the Clemons case, in which the plaintiff testified he would give it a shot if he was hired in a position he was qualified for in the workers’ compensation case, the employee in Washington testified that she could not work and had not sought work because her injury/pain prevented her from working at all. Therefore, the two statements were in direct conflict of one another.
Practice Pointer: Judicial estoppel is a viable defense in workers’ compensation cases but only if it is affirmatively pled.
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ABOUT THE AUTHOR
The article was originally posted on February 20 by Joshua G. Holden, Esq. of Fish Nelson, LLC, a law firm dedicated to representing employers, self-insured employers and insurance carriers in workers’ compensation matters. Fish Nelson is a member of The National Workers’ Compensation Defense Network (NWCDN). If you have questions about this article or Alabama workers’ compensation issues in general, please feel free to contact the author at jholden@fishnelson.com, 205-332-1428 or any firm member at 205-332-3430.
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Alabama’s Judicial Estoppel Defense in Workers’ Compensation Matters... Use it or Lose it!
On February 15, 2013, the Alabama Court of Civil Appeals released its opinion in CVS/Caremark Corp. v. Gloria Washington wherein it addressed the affirmative defense of judicial estoppel in the workers’ compensation context. Specifically, the Court noted the availability of the defense but only when properly pled.
The Court of Appeals had previously addressed the issue in White Tiger, Inc. v. Paul Clemons (released January 13, 2012). In that case, the Court ruled that a claimant’s assertion that he was available and able to do some work at his unemployment hearing, did not prevent him from being awarded permanent and total disability benefits in his workers’ compensation case. The Court noted that being willing and able to do some work does not necessarily mean that you are able to secure employment that you are physically able and qualified to do. In the workers’ compensation case the plaintiff testified that he could not secure work because of his disability but he would give it a shot if someone hired him for a job he was qualified to do. For this reason the Court held that the two statements, in separate judicial proceedings, did not contradict one another in order to satisfy the necessary criteria for judicial estoppel to apply.
In the more recently decided Washington case, the Court held that the employer waived its right to assert judicial estoppel as a defense by not affirmatively asserting or pleading it. The Court further noted that the employee would have been judicially estopped from prevailing on a claim for permanent and total disability benefits based on the Court’s rationale in Clemons. The Court distinguished the two cases because the employee in Washington testified in her workers’ compensation case that she could not work at all because of her pain and she had not sought employment. The employee further admitted that she misrepresented her condition and ability to work in her claim for unemployment benefits. Unlike the Clemons case, in which the plaintiff testified he would give it a shot if he was hired in a position he was qualified for in the workers’ compensation case, the employee in Washington testified that she could not work and had not sought work because her injury/pain prevented her from working at all. Therefore, the two statements were in direct conflict of one another.
Practice Pointer: Judicial estoppel is a viable defense in workers’ compensation cases but only if it is affirmatively pled.
_____________________________
ABOUT THE AUTHOR
The article was originally posted on February 20 by Joshua G. Holden, Esq. of Fish Nelson, LLC, a law firm dedicated to representing employers, self-insured employers and insurance carriers in workers’ compensation matters. Fish Nelson is a member of The National Workers’ Compensation Defense Network (NWCDN). If you have questions about this article or Alabama workers’ compensation issues in general, please feel free to contact the author at jholden@fishnelson.com, 205-332-1428 or any firm member at 205-332-3430.
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Careful What You Wish For: Denying Worker’s Compensation for Undocumented Workers
Posted in workers compensationToday’s post comes from guest author Charlie Domer, from The Domer Law Firm. Immigration reform is a continual and vexing issue in Washington. While politicians, lobbyists, and service organizations grapple with potential resolutions, there is no disputing the existence of… Continue reading »
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Making A Difference In Washington – The Medicare Secondary Payer and Workers’ Compensation Settlement Agreement Act
Today’s post comes from guest author Catherine Stanton, from Pasternack Tilker Ziegler Walsh Stanton & Romano. In addition to helping our clients receive the benefits they are entitled to through the courts and other adversarial means, we are prooud to… Continue reading »
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What If I May Need Surgery Later?
Posted in Workers' CompensationWhat happens to my workers’ compensation case if my doctor says I might need surgery in a few years but not now? A common concern among workers’ comp clients is the worry of what will happen with their injured body… Continue reading »
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Pennsylvania's Department of Labor & Industry Launches New Workers' Compensation Automation System
Earlier this week, the Pennsylvania Department of Labor & Industry launched a new Workers' Compensation Automation and Integration System (WCAIS). The goal of the new system is to increase efficiencies for insurers, employers, and claimants.
According to a press release, the Department of Labor & Industry Secretary Julia Hearthway said, "The new WCAIS system, the first of its kind in the nation, will help Labor & Industry serve the citizens of Pennsylvania more expediently. WCAIS will simplify and automate the workers' compensation system, enhancing customer service and
streamlining claims handling and resolution."
Those in the workers' comp community will have access to all WC matters in one place, including 24/7 availability of online services, faster claims processing and resolution times and improved data management.
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What to Do About Futile Critical Care
The last year of an injured worker's life is probably the most expensive for medical costs. Usually such expenses account for 50% of lifetime care costs. Associated with a work-related claim researchers are struggling how to limit unnecessary costs and maintain ethical and moral responsibilities. Today's post was shared by The Health Care Blog and comes from thehealthcareblog.com
By Neil S. Wenger, MD
Thanks to extraordinary advances in medicine, critical care providers can save lives even when the cards are stacked against their patients. However, there are times when no amount of care, however cutting-edge it is, will save a patient. In these instances, when physicians recognize that patients will not be rescued, further critical care is said to be “futile.” In a new study, my RAND and UCLA colleagues and I find that critical care therapies that physicians regard as “futile” are not uncommon in intensive care units, raising some uncomfortable questions.
Of course, we’re fortunate to have such fantastic technology at our disposal — but we must address how to use it appropriately when the patient may not benefit from high-intensity measures. When aggressive critical care is unsuccessful at achieving an acceptable level of health for the patient, treatment should focus on palliative care.
In our study, my colleagues and I quantified the prevalence and cost of “futile” critical care in the journal JAMA Internal Medicine. This can be seen as the first step toward reevaluating the status quo and better optimizing care for critical care patients.
After convening a group of critical care clinicians to determine a consensus definition of “futile treatment,” our research team analyzed nearly 7,000 daily assessments of more than 1,000 patients.
We found that 11 percent received futile...
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….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
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