Worker’s Compensation Updates

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News & Analysis as of

PPD Ratings: Schedule of Weeks [Infographic]

For the loss or loss of use of the following member or vision in an eye, the employee is entitled to the corresponding number of weeks of permanent partial disability. If the employee has partial loss of use of that member...more

Can Illinois employers refuse to offer workers’ compensation?

Despite increased safety measures on the job, workplace accidents are still a common occurrence. According to the Illinois Department of Public Health, 154,600 employees in the state suffered a work injury during 2012. More...more

A DJ is a Sometime Thing: In Declaratory Judgment Actions Over Coverage, the Sixth Circuit Gives Trial Courts a Wide Berth

The Declaratory Judgment Act, 28 U.S.C. § 2201, gives federal district courts “unique and substantial discretion” over whether to hear suits seeking a declaration of rights. Wilton v. Seven Falls Co., 515 U.S. 277, 286...more

Need Terrorism Coverage? Take Action Before January 1, 2015

The U.S. Congress failed to reauthorize the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) prior to adjourning on December 16, 2014. The new 114th Congress will not convene until January 6, 2015 and may not...more

Checklist of Affirmative Defenses for NC Comp Claims

Although arguably the most important determination an adjuster makes when a claim is filed is whether or not the claim is compensable, before even contemplating that question, the adjuster should consider whether or not the...more

Injury By Accident – Workers’ Compensation Claim Basics

Workers’ compensation claims can arise one of two ways: 1) an accident or 2) by occupational disease. This post looks at the three elements a claimant must prove in injury by accident cases....more

Construction Case Law Update - December, 2014

FLORIDA STATE CASES - Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more

2014 NC Case Law Update

Below is a summary of significant 2014 Workers Compensation cases decided by the Courts, along with “practice tips” for addressing these issues. Covered topics include: Medical Causation, notice defenses, subsequent...more

Social media increasingly used in workers’ compensation cases

Social media has become an important part of modern life. According to the New York Times, Americans spend an average of three hours per day on social media sites. These sites can build communities, reunite old friends and...more

Employee or Independent Contractor: That is the Question!

To be entitled to workers’ compensation benefits, the injured worker must be an employee. An independent contractor is not entitled to benefits. The fact that an employer may designate a worker as an “independent contractor”...more

How to Determine the Appropriate Rate of Pay for Attendant Care Providers

If you are an adjuster handling attendant care issues in a workers’ compensation claim, you know it can be a challenge to determine the rate of pay for an attendant care provider. The appropriate compensation rate for the...more

Paralysis and workers’ compensation

Each workplace injury presents its own set of challenges. Some of these injuries, however, present far greater challenges than others and paralysis falls into that category. State law in Illinois provides financial...more

New California Employment Laws for 2015 and Beyond

It is that time of year again, California. As the days grow shorter and the nights grow semi-colder (it is still California after all), a flurry of activity begins as employers revisit their policies and handbooks to assess...more

Navigating Attendant Care Issues: When Did the Claim Arise?

As a workers’ compensation adjuster, you may occasionally handle cases involving attendant care issues. When you do have a case involving attendant care issues, you will need to mindful of when your claim arose because...more

Rhode Island Establishes Tip Line For Worker Misclassification

Rhode Island’s Joint Task Force on the Underground Economy and Employee Misclassification announced earlier this month that it has set up an anonymous telephone tip line for reporting allegations of independent contractor...more

Can I seek workers’ compensation for an injury that did not happen in Illinois?

As companies in Illinois become less localized than they once were, expanding their operations and client relationships beyond state and even national borders, workers’ compensation claims take on an added dimension of...more

Death Cases and Resulting Claims for Benefits: An Overview

This post provides a general overview for handling death cases under the North Carolina Workers’ Compensation Act. Death cases and the resulting claims can be extremely fact specific so it is always best to discuss specific...more

Hospitals can be risky places to work

The notion that it could be more dangerous to work in a hospital than to work on a construction site might sound absurd. Hospitals exist in order to counteract the effects of injury and disease, so the fact that they are a...more

Form 24 Changes Effective 11/1/2014

As of November 1, 2014, the Industrial Commission has implemented several important new changes for Form 24 litigation....more

5 tips that can increase approval for workers’ compensation

State law in Illinois protects workers from the high financial burden associated with sustaining an injury during the course of employment. Through the Illinois Workers’ Compensation and Occupational Diseases Act, injured...more

New California Labor Code Mandates Shared Legal Responsibilities

Does your company use workers provided by another entity, such as a staffing agency? If so, your company will soon have direct responsibility if the provider fails to properly pay wages or carry proper workers’ compensation...more

NC Industrial Commission Forms: Frequent Forms and When to File

North Carolina is what some people refer to as a “Form Intense” state. We’ve got forms for everything it seems. It’s easy to get confused. And the Commission sometimes doesn’t forgive; instead they fine and sanction you! So...more

How to Assert the Misrepresentation Defense to NC Workers’ Compensation Claims

The North Carolina Workers’ Compensation Act now allows an employer to plead an affirmative “Misrepresentation Defense” when an employee intentionally misrepresents his/her physical condition when entering into the employment...more

Increase Your Chances for Success: Preparing Your Form 24 Application

Whether to file a Form 24 Application is a decision based on the specific facts of each case. Once the decision is made to file a Form 24 Application, it is vital to properly prepare the Form 24 Application to ensure the...more

What is the Illinois Public Employee Disability Act?

The Illinois Public Employee Disability Act was passed in 1997 to protect public employees who face dangerous conditions in the line of duty. According to the U.S. Bureau of Labor Statistics, 5.6 out of 100 public employees...more

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