I want to go with a compromise and release but my lawyer said my employer’s workers compensation insurance carrier is not obligated to do so. Is this true? I had asked for compromise and release but my workers compensation lawyer agreed on stipulation with care because he thought I could use some money up front.[...]
Shifting Liability in a Workers’ Compensation Case If you are injured at work, your employer will be looking out for his or her own interest. You are entitled to workers’ compensation protection which will ultimately cost your employer thousands and thousands of dollars. Thus, many employers attempt to deny liability or shift liability to other[...]
Determining Date of Injury in a Workers’ Compensation Case If you are injured while at work and require medical treatment, it is important that you pay specific attention to dates. You need to be aware of the date of the injury, and respect certain time guidelines set by law. It is also important that you[...]
Workers’ Compensation Denial of Liability When a person is injured on the job, they are protected by workers’ compensation laws. They have a right to compensation and treatment for the injuries they have sustained. Often times, the employer will attempt to deny liability of the claim to save themselves the expense of paying for the[...]
Worker’s Compensation is the term used that refers to the money paid to an employee that is injured at the work place. It can come in form of either Temporary or Permanent disability payments and is paid by the employer to the injured employee. Worker’s Compensation is meant to cover the injured workers’ medical bills,[...]
Workers Comp is the term used that refers to the money paid to an employee that is injured at the work place. It can come in form of either Temporary or Permanent disability payments and is paid by the employer to the injured employee. Workers comp is meant to cover the injured workers’ medical bills,[...]
What is Workers’ Compensation? Workers’ Compensation is the term used that refers to the benefits paid to an employee that is injured at the work place. It can come in form of either Temporary or Permanent disability payments and is paid by the employer to the injured employee. Workers’ Compensation is meant to cover the[...]
Workers’ Compensation Treatment Benefits for Medical Services When a person is injured at work, during the normal course of their employment, they are entitled to have the medical expenses covered by their employer. This is known at Workers’ Compensation Benefits. An injured employee is entitled to have all medical expenses reasonably related to the injury[...]
Workers’ Compensation Transportation- Travel If travel is an expected part of the employment, any injury which occurs will be compensable by the employer. This includes messengers, commercial drivers, truck drivers, delivery persons, etc. Travel includes driving, even short distances. It also includes going between various worksites. If the travel is work related, and a natural[...]
Under LC3601, certain dependents are entitled to a presumption of total dependency. The presumption applies to minor children. SCIF v. WCAB (Asher) (1993) 58 CCC 760,762. It ensures that a child or spouse who is entitled to the presumption will be considered a total dependent regardless of the extent of actual dependency. Hubbell v. Thatcher[...]
In addition to the general definition of an employee for workers’ compensation purposes, there are more definitions as defined judicially. These employment relationships have the possibility, for various reasons, of including students, jurors, judicial branch employees, union members, workfare recipients, those that do community service instead of paying fines, homeowners association employees, and referral agencies.[...]
An employee can still receive workers’ compensation in some situations for an injury on the job even if they have not entered into an official contract of hire with the employer. What must be present is the knowledge that work being done for the employer was not gratuitous and that it benefited them in some[...]
Employees are usually classified so under contract of hire with an employer. This contract of hire can be oral or written, but would in most cases include consent of both the employer and employee for the job to be given and under what circumstances they are given under. The employee is considered to have accepted[...]
Any employee has the right to be awarded workers’ compensation for their medical expenses when injured on the job.An employee is classified as anybody that is appointed to a position within a company in either an oral or written contract. This also includes paid public officers and those that are appointed to their positions.
Employers, whether they are public or corporate, must follow certain rules in order to keep up with their responsibilities regarding employees such as securing workers’ compensation insurance. With regards to public employees, those that are injured by another public employee are not able to file a civil claim but only workers’ compensation claims. This is[...]
Workers’ Compensation Fraud is a serious subject because not only does it raise prices of workers’ compensation insurance coverage premiums for employers, but it also lowers legitimacy for employees that actually have been injured in the workplace. To be considered fraud one must either knowingly commit or help another commit any spoken, written, or material[...]
When it comes to relations between the employer and their insurer, sometimes the situation can get sticky. If the employer does not cooperate with the insurance company with proceedings on workers’ compensation claims, then the insurer has the right to opt out the employer and continue with all proceedings without needing approval from them. However,[...]
When an employer has a workers’ compensation insurance carrier they are responsible for not only covering the compensation but if a claim against the employer can possibly need coverage, then the insurance company has the responsibility to defend. If they do not carry out this duty to defend the employer, they can be subject to[...]
Claims adjusters, otherwise known as claims administrators, examiners, supervisors, or managers, have the responsiblity of investigating a workers’ compensation claim from an injured employee, working with the case for the duration, and getting the worker the compensation they deserve. Claims adjusters have to be qualified in the areas of establishing claims reserves, hiring professionals such[...]
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