Wednesday, April 24, 2019




What You Should Know If Your Worker’s Hurt On The Job

What You Should Know If Your Worker’s Hurt On The Job

Share/Bookmark

What You Should Know If Your Worker Is Hurt On The Job

ALLPICS INJURY What You Should Know If Your Workers Hurt On The Job

Employee injuries can create serious issues for any business. Hopefully, the company is protected by workers’ compensation insurance coverage. Most states mandate that entrepreneurs maintain workers’ compensation coverage because it’s a common sense resolution to a problem that could escalate into a major disruption to production.

Standard personal injury lawsuits are still the norm in the few states that do not require corporations to carry workers compensation insurance, so having the coverage is an option, but is also still part of a solid business plan. It is interesting to note that failure to provide workers compensation coverage for employees will not result in a fine on the business in states that require coverage.

10122005(001)How Workers Compensation Insurance Works

Workers compensation insurance protects both the employer and the employee. As explained by the Stroble Law Firm, “Injuries and illnesses covered by workers’ compensation benefits can be caused by a specific incident or by constant and repetitive stresses of the job. Pre-existing conditions that are not work related but that are aggravated on the job also are covered.”

The consideration for the employer is that the workers compensation insurance company is liable for the injured employee’s income benefits and medical bills associated with the work-related injury.  An employee can not sue their employer for a personal injury negligence claim, which also precludes punitive damages.

Cases involving employers who do not legally adhere to safety regulations are a separate legal matter. The coverage is not all-exclusive for potential legal action. Injured workers are paid a percentage of their wages while on leave for injuries that last beyond seven days. After the seven-day waiting period, the employee is paid for time lost retroactive to the date of the injury.

Bad Faith Insurance Carriers

Bad faith negotiation tactics are common in workers compensation claims. The insurance company is often as problematic as the employer, who may be unwilling to file a claim because of premium increase concerns. The insurer can also refuse the claim and force the employee and employer to take the case to court. This can put the employer in an adversarial position with its own insurance company.

Even more troublesome are states that only allow one workers compensation insurance carrier in the state. This leaves all businesses at the mercy of that carrier’s benefit payout reduction policy. It also often results in minimal lump sum payouts to employees instead of providing benefits for all parties as the program is designed. Always investigate the workers compensation insurance companies available before making a decision.
Accident Injury Attorneys San Luis Obispo California

Penalties for Non-compliance

There is a potential for a significant fine for non-compliant businesses in states that require workers compensation insurance coverage. The potential for a serious personal injury or wrongful death claim exists when the proper insurance is not part of the operational budget. Although the coverage is not inexpensive, it is still a solid business decision to purchase workers’ compensation coverage in any state of business operation.

There may be insurance carriers providing coverage in multiple states, so businesses that work across state lines may want a single company that services all areas. But remember, failure to carry workers compensation coverage can effectively end a solid business venture if it becomes entangled in a personal injury case.

It is important for the business owner to understand that injury cases occurring outside of the workers compensation protection are determined by a proof standard of preponderance of the evidence, meaning that the case is determined in a 51-49 percent “weighing” of the material case facts. One simple fact can carry enough weight as the controlling fact in the final ruling of the court, so the amount of evidence is often ineffective. The best policy is always purchasing an adequate workers’ compensation insurance plan, or at least a business insurance plan that protects against exorbitant personal injury negligence lawsuits.

Writer LaGeris Underwood Bell hopes this article enlightens small and medium sized business owners about their risks and liabilities when a worker is hurt. She recommends they consult a legal group like the Stroble Law Firm for further insight into this serious issue.

Photo credit #1: http://www.flickr.com/photos/amslerpix/8135640099/

Photo credit #2: http://www.flickr.com/photos/leinadsimpson/72782436/

Photo credit #3: http://www.flickr.com/photos/injurylawyersanluisobispo/9471771151/

 

 



Tags: , ,


Relevant Articles




Workers Comp: Protecting the Rights of the Injured

Workers Comp: Protecting the Rights of the Injured

Share/Bookmark

ALLPICS FALLEN WORKER Workers Comp: Protecting the Rights of the Injured

Workers Comp: Protecting the Rights of the Injured

There was a long period in American history where workers really didn’t have many rights. They could be worked for far more than eight hours a day and, if they were injured, could simply be sent upon their way and easily replaced. Luckily, this isn’t really the case anymore. A variety of labor and worker protection laws have went into effect over the past century that are meant to help American workers. One of the most legally beneficial developments was worker’s compensation benefits, so it’s imperative for every employee to understand these laws.

What is Worker’s Compensation?

Worker’s compensation is a form of insurance that many American companies have to carry if they employ a certain amount of workers. This insurance is to cover injuries to employees that occur during the course of their work. The great part about these laws is the fact that the policies cover workers regardless of whether the injury was due to the negligence of a coworker, the owner or the employee themselves.

In most cases, a worker isn’t allowed to sue their employer for injuries. This is the caveat of worker’s comp laws. This prevents the courts from being bogged down with work-related injury cases while also ensuring that workers who are injured on the job receive compensation for lost time at work, medical bills and other benefits related to the injury. Sadly, even though the worker gives up their right to sue in most cases, there’s still a chance that they can be denied.

Can a Worker be Denied?

There are a variety of reasons that a worker’s compensation claim may be denied. These reasons can include the fact that no medical treatment was necessary, no time off of work was necessary or that the injury didn’t actually happen while a person was at work or engaged in activities related to their employment. These are all legitimate reasons for a denial, but sadly, denials can still happen in the absence of these factors.

Just like in any other situation where an insurance company and adjuster are involved, paying out benefits will cost the company money. This leads some adjusters to deny claims that they know are legitimate, also known as engaging in bad faith practices, in an effort to cut down costs for the company. Some insurers, such as Liberty Mutual, have become infamous for these types of denials. It is not uncommon to read about a workers compensation bad faith dispute with Liberty Mutual. It only takes a quick Internet search to find several cases of individuals who were wrongfully denied benefits by the company.

Unfair Worker’s Comp Denials

Luckily, a denial from a worker’s compensation insurer or even an employer dispute isn’t the final word on the matter. There is an appeals process, but once a claim has been denied, it’s usually essential for an individual to seek out an attorney for help. In instances where a worker feels that the insurer has purposefully denied a rightful claim, however, it’s important to find a worker’s compensation bad faith lawyer. In fact, bad faith may even be occurring if it seems as if the insurer is dragging their feet and delaying a claim.

Bad faith isn’t something that an insurer can simply try out in an effort to save money. These practices are literally against the law, and if an attorney can prove that an insurer engaged in these patterns of activity against an injured worker, they can often help recover far more substantial compensation. Insurance companies who engage in bad faith practices often have to pay out huge settlements due to their dishonest and illegal practices.

Worker’s compensation laws were essential in protecting American workers, but it didn’t take long for insurers to start trying to work the system in their favor. Luckily, legal professionals are adept at catching these immoral practices and making sure insurers pay for them. It’s important to remember that these companies will continue to engage in these behaviors until they’re stopped, and bringing forth legal action is the only way to do so.

Lisa Coleman shares some information about what bad faith practices are and how this can impact the rights of an individual injured while working on the job. She recently read about a workers compensation bad faith dispute with Liberty Mutual online at the website of Doyle Raizner LLP, an experienced worker’s comp denial attorney.

Photo Credit: http://www.flickr.com/photos/78428166@N00/9127644174/

 



Tags: , ,


Relevant Articles




Working on the Sea: Laws that Protect You

Working on the Sea: Laws that Protect You

Share/Bookmark

ALLPICS JONES ACT Working on the Sea: Laws that Protect You

Working on the Sea: Laws that Protect You

The Merchant Marine Act of 1920, often referred to as the Jones Act, is a Congressional law that offers specific protections to Merchant Marines if they are injured while aboard an operating vessel. Injured vessel crew members are entitled to receive benefits similar to workers compensation if they become injured while out to sea.

Any employee considered a sailor as a profession is covered under Admiralty Law and the Jones Act. The Supreme Court defines a sailor, merchant marine, or vessel crewman as someone that spends more than 30 percent of their work time on board an operating vessel at sea.

The Jones Act does not protect dockworkers or longshoremen. These workers are covered under a separate Congressional Act known as the Longshore and Harbor Workers Compensation Act.

What the Jones Act Covers

Vessel crewmen that are injured at work or contract a work-related illness while at sea are entitled to receive the following types of compensation under the Jones Act:

• Transportation back to land
• Lost wages from the time the injury or sickness occurred
• Medical care for the injury or illness
• Any contractual benefits that are due
• Compensation for injuries or disabilities

In addition, the injured employee may also sue for pain and suffering, future wages, and may even opt for a third-part suit if it is determined that the negligent action that caused the injury or illness was also the responsibility of another party.

What Is the Difference Between Workers Compensation and Jones Act Protections?

Workers compensation is an insurance product purchased by business owners as a way to protect the employees and their business. Workers compensation, in most states, eliminates the company from responsibility if an employee is injured. The injured employee receives all benefits and compensation from the insurance company and not their employer. This also applies to municipality and federal workers who are covered by their own forms of workers compensation.

The Jones Act is not a form of insurance. It is a law gives seamen the right to sue their employer for negligence if they are injured on the job. The injured party must meet all qualifications, such as the amount of time they spend at sea and the owner meets the requirements to be considered a ship owner under the definitions of the Jones Act. The injured employee will also have the burden to prove that the injury or illness was directly connected to a negligent act of the vessel owner.

In some cases, the injured employee may be able to claim workers compensation for their injuries. However, by claiming workers compensation, they surrender their right to make a claim under the Jones Act. Additionally, compensation paid by workers compensation insurers is generally smaller than the awards given in a Jones Act settlement.

The best thing that a seaman can do if they are injured is consult a personal injury attorney that is familiar with Admiralty Law. They will be able to review your case and determine what your best course of action would be to seek compensation for your injuries.

With a nephew working on the sea, Melanie Fleury often worries about his safety. She visited the website of http://www.doyleraizner.com/admiralty-maritime-law to learn more about the laws that protect those who work on the sea.
Photo Credit: http://www.flickr.com/photos/mikebaird/2931160632/


Tags: , ,


Relevant Articles