Workplace Injury

News & Analysis as of

Tension Between Form 21 Hearings and the Mediation Statute

At the last business meeting, the Workers’ Compensation Commission grappled with tension between the requirement to hold a hearing within 60 days on an Employer’s Request for Hearing and the requirement that cases alleging...more

Compensation Benefits- How Much Should You Get?

One of the most common questions we get is how much workers’ comp benefits am I supposed to be getting each week. The rule of thumb is that you’re supposed to get 2/3’s of your average weekly wage (AWW). Your average weekly...more

Nurse Case Managers

Sometimes insurance companies hire nurses to help manage the medical side of your case. These nurses can either attend your appointments or be remote and not attend your appointments. The reason the insurance companies give...more

FRANCHISEE 101: Avoid Acts & Omissions That Expose Your Franchisor to Potential Liability

A West Virginia Court refused to dismiss an action brought under its state workers' compensation law. That law permits an employee to recover greater damages when deliberate intent exists. An employee of a Hardee's...more

Hurt At Work Without An Accident

A lot of times, people are hurt at work but didn’t have an accident. They know they’re hurting because of work but their employer and the workers’ comp adjuster tell them that they can’t get benefits. Sometimes this is...more

Regulatory Risk Update: Tougher penalties for corporate manslaughter and health and safety offences proposed

On 13 November 2014, the Sentencing Council opened its 14 week public consultation on draft guidelines for corporate manslaughter and health and safety offences. If implemented, the guidelines will mean that large...more

Taking A New Job

As with almost everything related to the law, an answer to a general question like this really depends on what’s going on in your case. Maybe you should. Maybe you shouldn’t. What we’re going to do here is talk about some...more

What Do I Do If I've Been Overpaid Unemployment Benefits?

A lot of times in workers’ comp cases, someone is out of work because of their work injury but are not getting workers’ comp disability compensation, either because the case has been denied or because the insurance company...more

Mine Fatalities: Causes, Prevention, and MSHA Enforcement

A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014. Coal Mines - - Four underground employees on foot were crushed by equipment in operation. - Two...more

Can I Get Workers' Comp If I'm Paid On A 1099

This is a legal question that depends on the facts of each case. So, the short answer to it is that even though you get a 1099 and your “employer” tells you that you’re an independent contractor doesn’t mean you can’t get...more

OSHA Revises Rule on Injury and Illness Reporting and Recordkeeping - What Employers Need to Know Now About the Changes Effective...

On Jan. 1, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) final rule takes effect requiring employers to notify OSHA within eight hours, when an employee is killed on the job; and...more

What To Tell Your Doctor

After reporting your work injury to your employer, the most important thing you can do is report it to your doctor. Look at it this way, the Industrial Commission is the State agency charged with deciding workers’ comp...more

Death Benefits Part One

Work place fatalities in North Carolina have been on the decline over the last few years. However, they are still happening way to often, especially in the trucking and construction industries. Hopefully, you’ll never find...more

Are You On OSHA’s New List?

Recently, OSHA announced a revision to its recordkeeping requirements. The revision updates the list of industries required to keep injury and illness records. The new requirements go into effect on January 1, 2015. Some...more

Injured Workers Wrongfully Billed for Medical Care

If you are an injured worker with an accepted workers' compensation claim in Nevada, you should not be receiving bills from hospitals, radiologists, labs, doctors, or physical therapists for treatment that was authorized by...more

High Court Rejects “Dual Purpose” Doctrine for Workers’ Compensation Claims

A home health nurse was employed to provide in-home health care services to her employer’s clients. On a typical day, she traveled from one patient’s home to another in her personal vehicle. When working weekends, she was...more

Pennsylvania Workers Compensation Prescription Drug Reimbursement Restrictions

On October 27, 2014, the Governor signed Pennsylvania General Assembly enacted House Bill 1846, which limits both the authority and the reimbursement of physicians and providers other than pharmacies for prescription drugs. ...more

What If I Got A Company Vehicle Or Per Diems In Addition To My Pay?

The result that's supposed to be reached here is that anything you get "in lieu of" (lawyer talk for "instead of") is supposed to be figured into your gross wages. This means that if you earn $400 a week in wages but also get...more

Delivery Man Killed By Falling Tape Measure in Tragic Accident

This past Monday––in what can only be described as a tragic accident––a deliveryman died when a tape measure fell from the fiftieth story of a residential development site hitting him squarely on the head. The 58...more

Independent Medical Exams Are Rarely Independent

When an injured worker in Nevada gets a letter requiring attendance at an "independent medical examination", it's reasonable to assume that the doctor will in fact be independent and objective. Unfortunately, there is...more

An Employer Who Didn't Bother To Get Workers' Compensation Insurance

When an injured employee discovered his employer, Hilton Head Housecare, didn’t have workers’ compensation insurance, the North Carolina Industrial Commission fined the company and owner, ordered them to pay the employee the...more

Filing a workers' compensation claim in Alabama

When workers in Alabama are injured on the job, they might qualify for workers' compensation benefits. To obtain these benefits, there are certain steps that must be followed in accordance with the law. For example,...more

Second Injury To A Body Part

Most of us have suffered some sort of injury over time. Be it from minor tweaks to major fractures, few of us go unscathed. Given this fact of life, a problem injured workers face is what happens if they hurt a body part on...more

OSHA Revises Its Recordkeeping Rule

Employers must report to the federal Occupational Safety and Health Administration all work-related deaths within eight hours and all in-patient hospitalizations, amputations and losses of an eye within 24 hours under a newly...more

Arbitration – a Benefit of Non-Subscribing

Employers who subscribe to workers’ compensation insurance enjoy the benefit of insulating themselves from litigation brought by employees for work related injuries. Under the worker’s compensation system, workers’...more

316 Results
|
View per page
Page: of 13