Workers’ Compensation

Temporary Disability Benefits as Workers’ Compensation

Posted by on Jan 7, 2017 in Workers' Compensation | 0 comments

Getting injured is one of the last things you want while on the job. You already have a lot in your mind, like work-related issues and personal issues, and having to deal with matters such as injuries can give you even more stress.

If you are injured on the job, you may be entitled to workers’ compensation. Disability benefits can be classified as short term or long term. In short term disabilities, the case can be either temporary total disability or temporary partial disability.

According to an informative article from the website of a Des Moines disability benefits attorney, temporary total disability or TTD benefits start on the fourth day of being out of work because of an injury. The benefit continues until the day you return to work or until you have recovered enough to be able to report to work.

The article also said that you may be entitled to temporary partial disability or TPD benefits if you return to work at a less-paying job because you cannot fulfill duties in your original job due to the injury. They cover about 66 and 2/3 percent of the difference between your average gross weekly income while injured and your actual income in your temporary and less-paying job.

But it is not always a fairy tale story where you get the benefits you deserve without encountering any problems. According to a website of a Lexington workers’ compensation lawyer, many employers and insurers seek to prevent workers from receiving the benefits they need, and employees discover this right after filing for such benefits.

This fact puts some employees in financial risks, especially if they can’t even go to work to at least counterbalance the medical bills and other expenses. The best thing to do is be assertive so you can get the benefits you rightfully deserve. Sometimes, it is not even about the money. It is about having the assurance that your company cares for you and will be there for you for incidents like workplace injuries.

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Getting Injured on the Job

Posted by on Jan 5, 2017 in Workers' Compensation | 0 comments

You have the right to be safe at work. Your employer has the responsibility to make your workplace environment as safe as possible by providing the necessary safety equipment, facilities, and training to their employees on how to avoid the possible dangers that are directly or indirectly related to the job.

But what if you are injured on the job? You can experience short term or long term disability, and that means you cannot work and earn money for your family. It’s hard to deal with. You are physically hurt and you are put into a situation of financial risk.

According to the website of Robert Wilson & Associates, workplace injuries can take on many forms. There are construction accidents, manufacturing accidents, transportation accidents, employer negligence, exposure to toxic substances, and others.

To be more specific, these accidents may include electrocution, falling from heights, slipping, machine entanglement, work-related vehicle accidents, and falling debris injuries.

Some accidents are not even as animated as the others and are more subtle, like repetitive motion injuries. This type of injuries happen when repetitive motions such as typing and using the computer cause inconveniences such as muscle strains and vision problems. Overexertion can also cause problems.

In the end, these issues shouldn’t even exist. As said earlier, it is the employer’s responsibility to render the workplace safe. Of course, the workers should also be diligent to avoid unnecessary harm. But sometimes the rules, regulations, and the overall working conditions can make harm hard to avoid.

Your employer should support you from any kind of injury you have sustained on the job. If they don’t, they may be held liable. Providing assistance in costs and losses to injured employees is called worker’s compensation. Sometimes, employees have a hard time in obtaining such compensations, and in those cases, it is best to ask for legal assistance.

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Temporary Disability Benefits as Workers’ Compensation

Posted by on Jan 4, 2017 in Workers' Compensation | 0 comments

Getting injured is one of the last things you want while on the job. You already have a lot in your mind, like work-related issues and personal issues, and having to deal with matters such as injuries can give you even more stress.

If you are injured on the job, you may be entitled to workers’ compensation. Disability benefits can be classified as short term or long term. In short term disabilities, the case can be either temporary total disability or temporary partial disability.

According to an informative article from the website of a Des Moines disability benefits attorney, temporary total disability or TTD benefits start on the fourth day of being out of work because of an injury. The benefit continues until the day you return to work or until you have recovered enough to be able to report to work.

The article also said that you may be entitled to temporary partial disability or TPD benefits if you return to work at a less-paying job because you cannot fulfill duties in your original job due to the injury. They cover about 66 and 2/3 percent of the difference between your average gross weekly income while injured and your actual income in your temporary and less-paying job.

But it is not always a fairy tale story where you get the benefits you deserve without encountering any problems. According to a website of a Lexington workers’ compensation lawyer, many employers and insurers seek to prevent workers from receiving the benefits they need, and employees discover this right after filing for such benefits.

This fact puts some employees in financial risks, especially if they can’t even go to work to at least counterbalance the medical bills and other expenses. The best thing to do is be assertive so you can get the benefits you rightfully deserve. Sometimes, it is not even about the money. It is about having the assurance that your company cares for you and will be there for you for incidents like workplace injuries.

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Employees’ Protection against Discrimination and Other Unjust Employment Practices

Posted by on Aug 15, 2016 in Workers' Compensation | 0 comments

The Equal Employment Opportunity Commission (EEOC), which the US Congress established in 1964, is tasked to strictly enforce Title VII of the Civil Rights Act of 1964. Title VII is the federal mandate that promotes employees’ rights and strictly prohibits any form of discrimination in the workplace, be it due to one’s sex, race, color, religion or national origin [it may be worthwhile to note that EEOC interprets Title VII’s prohibition of sex discrimination to include discrimination against gender identity or sexual orientation. Thus protections apply, regardless of any contrary state or local laws, to lesbians, gays, bisexuals, and transgenders (LGBT) against employment bias.]

This federal mandate, which covers all private employers, state and local governments, and educational institutions with 15 or more employees, gives all individuals in the U.S. equal employment opportunities regardless of their educational qualification, previous work experience, or expertise.

Title VII is just protection of basic employee rights, though, that is, right against discrimination. There are other employee-protection laws, that the EEOC enforces, including, but not limited to:

  • Equal Pay Act (EPA)of 1963. This federal law, which amends the Fair Labor Standards Act, “prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions” (https://www.eeoc.gov/laws/statutes/epa.cfm);
  •  Age Discrimination in Employment Act (ADEA) of 1967 protects certain employees and job applicants aged 40 or above from being discriminated on the basis of age when it comes to hiring, promotion, discharge, compensation, and conditions or privileges of employment.
  • Americans with Disabilities Act (ADA) of 1990, which is actually the first comprehensive civil rights law in the U.S. ADA addresses the needs of those with disabilities and strictly prohibits their discrimination in employment, public accommodations, public services, and telecommunications; and,
  • Pregnancy Discrimination Act of 1978, is a U.S. federal statute that prohibit sex discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Despite the laws and their corresponding penalties against offenders, many employers, co-workers and clients or customers have been named, and continue to be named, as defendants in legal cases. Under the Civil Rights Act of 1991, victims of discrimination are legally allowed to claim monetary damages due to intentional employment discrimination.

The New York City employment attorneys of Cary Kane LLP encourages everyone, especially those in New York City, who feel that they have been treated unfairly or illegally in the workplace, to immediately seek help from a seasoned employment attorney who can guide them pursue legal action which will best apply to their respective cases.

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What Benefits Does Workers’ Compensation Provide?

Posted by on Jun 19, 2016 in Benefits, Workers' Compensation | 0 comments

Every employer has the responsibility to ensure the safety of their employees. But no amount of safety precaution can beat the uncertainty of an accident. In case of an injury in the workplace, employees can count on worker’s compensation insurance for injury and illness related expenses. The objective of this type of insurance is to help an employee recover and return to work. Worker’s compensation insurance also provides benefits to dependent family members in case of death of an employee.

In case of workplace injury or death, you can work with Indianapolis personal injury lawyers at the Hankley Law Office to claim for benefits and coverages that your workers’ compensation insurance offers. While the benefits may vary depending on the severity of injury or disability, a personal injury attorney may help you get the following benefits:

1. Medical Care

Worker’s compensation insurance may include hospitalization and medical benefits which may shoulder doctor visits, medication, and surgery. It may also include equipment cost as well as payment for counseling, pain therapy, and acupuncture. Unfortunately, if you are considering experimental or investigative treatment or therapy, worker’s compensation may not provide coverage for those procedures as only generally acceptable medical practices are covered.

2. Rehabilitation

Your insurance will pay for medical and therapeutic care which is necessary for your recovery from injury or illness. If you need care and training in order to regain the skills and abilities you need to return to work, worker’s compensation will cover that as well. If you will not be able to to return to your previous work, worker’s compensation will shoulder the costs for evaluation, retraining, tuition, and others to help you get qualified for another job.

3. Disability

Workers’ compensation can help you defray the cost associated with lost wages if you become disabled. Disabilities are usually categorized into four types:

  • Temporary total disability keeps you from working at all but only for a limited period of time.
  • Temporary partial disability prevents you from performing some duties of your job for a limited period of time.
  • Permanent total disability is a disability that prevents you from ever returning to your job. It does not require total helplessness or medical incapacity
  • Permanent partial disability is one that causes permanent damage but only partially impairs your ability to work

4. Death

Worker’s compensation insurance provides death benefits to beneficiaries of the deceased worker such as spouse, child, parent, or sibling and were financially dependent on that person. Although workers’ compensation shoulders funeral and burial expenses, the main purpose is to cover for the loss of financial support.
Injuries can cause a lot of changes to a worker and financially capability is one of them. Luckily, they can rely on worker’s compensation insurance to give them some help with expenses associated with their injury or illness.

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