Eddie Lampert, the billionaire hedge-fund operator who masterminded the Kmart/Sears deal and wound up as chairman of Sears Holding Corp., is making headlines recently over remarks in his annual letter to shareholders. For example, Michael Corkery gigs Lampert in the Wall Street Journal (“Sears’s Lampert Feeling Testy”); an AP writer takes a dig from BusinessWeek.com; and Rich Dupre, at MotleyFool concludes that “it seems a little early for Lampert to be churlish and thumb his nose at the critics by saying ‘I told ya so!’ ”

These opinions are reaction’s to Lampert’s assertions about “self serving . . . [b]usiness leaders, regulators, public officials, and journalists” who “have become an echo chamber of self-support and self-congratulation, whether on TV, in print or at numerous conferences.” He also had comments for critics of his investment and store-upgrade choices, as well as the role of rating agencies and “the seizure of Fannie Mae and Freddie Mac . . . .”

But what employees might notice–past. current or potential–is his take on regulation. Some highlights:

• “I fear that Americans have been provided a false choice between a little more and a lot more regulation and taxes.”
• “On the other hand, there are many who believe that less regulation, less government interference, less arbitrary regulation when it does exist, and lower government spending will generate more growth and more jobs.”
• “However, in most industries and societies where there is more regulation, there is typically lower growth, lower employment, and less innovation.”
• “Self-regulation is a better idea and it is a better choice, whether for an individual or a corporation.”

Maybe he’s talking about tariffs or trade restrictions or minimum wage–or all the above. Regardless, let’s hope he’s not talking about job safety and treatment of injured workers.

Worker injured, reassigned–then fired

A couple of recent cases show that at least a few hundred Sears workers have benefited from workers comp regulations.

The first one, dating to August 2005, seems to be a win for Sears–at first blush. In this case, reported Feb. 9 at Leagle.com, a Virginia court of appeals agreed with Sears and its insurers, in the sense that it remanded the case back to the workers comp commission. The appeals court found the commission erred when it denied “Sears’s request for a hearing on its claim that William L. Cruse (claimant) filed his claim for benefits after the statute of limitations had run.”

Things may not be as bright for Sears as that ruling might indicate, though. Here’s how it started, according to the Leagle summary: “On August 10, 2005, claimant was injured while working for Sears. Sears filed an accident report approximately one month later. Claimant filed a claim for benefits with the commission on August 16, 2007.”

In other words, Cruse filed the claim six days past the ostensible two-year limit.

But “[w]hen the commission held its hearing on the claim, no representative of Sears was in attendance. Claimant appeared and testified about the events that led to his workplace accident. He also explained that Sears’s operations manager told him after the accident to go to the doctor and that the manager said, ‘Sears will take care of it, we’ll pay for it.’ The doctor prescribed physical therapy, which Sears’s insurance carrier refused to cover.

Claimant testified that when he informed his manager that the carrier refused to pay for the physical therapy, the manager said that claimant should go to physical therapy and ‘we’ll pay for it.’ ”

Apparently, though, Sears never paid any of the medical bills, but the company did lighten Cruse’s work duties and “and paid him regular wages for a short time after the accident”–when they fired him.

Commission rules injury compensable

Following the hearing, the commission ruled in January 2008 that the injury was compensable and awarded Cruse medical expenses. The statute of limitations was not mentioned in the ruling, and Sears remained quiet, for a while. Then, nearly three years since the injury, on “August 8, 2008, Sears filed a motion to vacate the award, contending that claimant did not file his claim for benefits before the statute of limitations had run and, therefore, that the commission did not have jurisdiction to enter the award.”

The commission not only denied a hearing but also the motion to vacate, saying the original ruling had been final and “that the statute of limitations was not a subject matter jurisdiction issue.”

Sears appeals

So Sears turned to the appeals court. In its analysis, the court considered several cases, appelate decisions and the statutes themselves, in consideration of Sears’s assertion that the employee was out of luck simply for waiting more than two years to file. The court didn’t agree, however, quoting statute showing that the two-year time period can be “tolled,” or extended, under certain, specific circumstances. Then the court cited a state Supreme Court ruling that found ” ‘[u]nder these circumstances,’ it was appropriate to ‘affirm the rulings of the [c]ommission,’ but also to ‘remand the case for a hearing’ on the question of the statute of limitations and the possibility that it was tolled. Id. at 411, 83 S.E.2d at 733.

“We find that Winston most nearly addresses the issues raised by Sears. The commission here did not address the issue of the statute of limitations, perhaps in part because Sears failed to appear at the hearing. Claimant did not explicitly raise any issues regarding tolling during the hearing before the commission, although some evidence in the record suggests that the statute of limitations in this case might be properly tolled for a period of time.

Appeals court finds ‘tolling’ provisions may apply

Thus, we conclude that this case, as in Winston, should be remanded for an evidentiary hearing on the statute of limitations and any tolling or estoppel provisions that may apply.”

So, in other words, Sears “won” in the sense that the Cruse case now returns to the workers comp commission. But it also sounds like the court recognizes that by not appearing at the original hearing, Sears may have left the door open for the commission to ignore the two-year filing requirement. Plus, according to a footnote, Sears may have a problem with having changed Cruse’s duties and paying him a regular wage for a time before canning him. Certainly, the court did not grant Sears’s motion to vacate the award, so this story’s not over.

EEOC settlement from earlier case

The story is over, however, for 235 former Sears employees, who will receive anywhere from $2,500 to $125,000 as a result of the largest ever settlement involving the Americans with Disabilities Act (ADA). As ohs.online explains, “On Feb. 5, the U.S. Equal Employment Opportunity Commission announced court approval of the distribution of a $6.2 million compensation fund in the landmark Americans With Disabilities Act (ADA) litigation between EEOC and Sears, Roebuck & Co. The distribution is being carried out pursuant to the terms of a consent decree approved by Federal District Judge Wayne Anderson on Sept. 29, 2009.”

This case dates to 2004, when, says law.com, ” The EEOC sued Hoffman Estates, Ill.-based Sears in 2004 following a complaint from John Bava, an injured appliance service technician who said Sears fired him after he took a leave for knee, wrist and back injuries suffered on the job. Bava is the only plaintiff to get the top $122,500 payout, based on his initiation and the facts of his particular case, said John Hendrickson, who leads the Chicago regional EEOC office that pursued the matter.”

Now, this is a settlement, so Sears did not plead guilty to anything, as explained at chicagobusiness.com, “Sears did not admit guilt as part of the settlement, which brought and end to a November 2004 lawsuit filed by the EEOC on behalf of a former Sears employee. That employee claimed he was fired from his Sears job at the end of a one-year workers compensation leave.”

Settlement benefits employees still on the job

Moreover, the benefits of the settlement extend beyond the damaged former employees. Back at ohsonline: EEOC “Chicago Regional Attorney John Hendrickson said, ‘The Sears case has been a long haul, but now it’s over–this is it. The court has enjoined future discrimination by Sears and approved the amount of money each class member will receive for the particular discrimination he or she suffered. Their day for compensation is here, and as far as the EEOC is concerned, that makes it a good day for everyone involved.’

“EEOC Trial Attorney Aaron DeCamp noted that, in addition to the disbursement of settlement funds, EEOC is seeing positive effects from the consent decree. ‘As a result of the decree, we believe Sears has an improved worker’s compensation leave process, and it has posted notices regarding the decree. We know that employees have been seeing the notices because we’ve been receiving inquiries as a result. So we think it’s pretty clear that our lawsuit genuinely benefited the employees of Sears and strengthened the company’s human resources processes.’ ”

So, despite Lampert’s protests to shareholder about free markets and government regulations, it doesn’t take a legal scholar to understand what might have happened to these hundreds of workers without regulations and legal recourse.

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Regardless of whether you’ve been hurt on the job, it’s wise to know the basics of workers compensation in case you, a friend or family member need to file a claim in the future. If you do get hurt, you should be aware of the first things to do or what to tell a co-worker who has been injured.

Sometimes an injured employee takes all the correct steps but still has trouble getting the claim taken care of; in that case here’s some information for problems with denial of benefits. If legal help is needed to help with the case, be sure to speak to a trained, experienced attorney.

Minneapolis workers compensation is a no-fault system which is designed to provide work injury compensation to Minneapolis workers who suffer a work injury from their normal employment activities. To receive work injury compensation the Minneapolis worker does not have to prove their employer’s negligence caused their work injury.

A work injury can be any type condition which is accelerated or aggravated by an employee’s job duties, but the employee must be able to prove that their job substantially contributed to their work injury. Not all work injuries are covered by workers compensation. Work injuries which are the result of an employee’s intentional actions, intoxication or horseplay may not be covered. Work injuries sustained travelling to and from work may not be covered as well as work injuries suffered while engaged in voluntary, recreational or social activities at work.

Common work injuries or occupational diseased which may occur while performing job duties may include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Minneapolis Workers Compensation Benefits:

Workers comp insurance provides medical benefits and wage loss compensation for Minneapolis employees. These benefits include:

• Medical Benefits – Minneapolis workers who suffer an injury at work are eligible for all medical care related to their work injury. There is not a time limit or monetary limit for workers comp medical benefits.  Medical benefits can include: doctor’s services, laboratory services, hospital stays and medication.
• Wage loss compensation –
  • Permanent partial disability – If a Minneapolis employee has lost permanent function of certain body parts from a work injury or occupational disease workers compensation will assign a rating for the loss according to a permanent disability schedule. The rating is then multiplied by a dollar amount or a specific number of weeks to decide the work injury compensation amount.
  • Permanent total disability – If a Minneapolis employee who has suffered an injury at work is not going to return to gainful employment they may receive permanent total disability payments which are calculated the same as temporary total disability.
  • Temporary partial disability – Minneapolis workers who are injured at work and return to work, but due to their work injury are unable to make as much as they were making before their injury, may be eligible to receive temporary partial disability work injury compensation.
  • Temporary total disability (TTD) Minneapolis workers who suffer an injury at work and are unable to work at all may receive weekly compensation (subject to a waiting period) which is 2/3 of the employee’s gross weekly wage amount at the time of the work injury. Workers compensation law does establish statutory minimums and maxims for TTD payments and the payments can not be paid along with permanent partial disability benefits.
  • Vocational Rehabilitation Services – If a work injury prevents an employee from returning to work, workers compensation may provide vocation rehabilitation services to retrain or help place an employee in another job position.

Do I Need a Minneapolis Worker’s Compensation Attorney?

Workers who sustain an injury at work do not have to hire a worker comp attorney but some work injuries can be serious and sometimes work compensation claims are denied. Employers, who may be more interested in their bottom line and saving costs, will have their own worker’s compensation lawyers.

Workers compensation lawyers can also help if a work injury was caused by a third party product or if an employee is suffering workplace discrimination or harassment due to the work injury.

California workers compensation law is similar to other state’s laws which provide medical benefits and lost wage compensation to California workers who sustain an injury at work while they are performing their normal job function.

Workers compensation or workman’s compensation is an insurance program created to provide immediate relief to employees without the employees having to file a personal injury claim for compensation. In exchange, California workers compensation law limits the amount of money which can be recovered from California employers.

Only work injuries or occupational diseases which are caused from the normal job requirements are covered by workers comp insurance. Work injury compensation is not provided to California workers who are injured while intoxicated, attempting to injure themselves or another employee or who are injured travelling to and from work.

There are a variety of occupational diseases and work injuries which are covered by California’s workers compensation. Some of the most common include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

California Worker’s Compensation Benefits

Californian workers comp insurance includes: medical benefits, temporary disability benefits, permanent disability benefits, vocational rehabilitation benefits and death benefits.

• Medical Benefits – California workers who sustain an injury at work are entitled to full medical benefits provided by their employer with no limits to time or money. The employer generally selects the first physician the employee is required to see and after 30 days the employee generally is allowed to choose their own doctor. Additional medical expenses are paid such as doctor’s visits, hospital stays and medications.
• Temporary Disability- California employees who suffer an injury at work are entitled to temporary disability payments which are 2/3 of their lost wage amount. California workers compensation outlines a maximum limit for lost wage compensation.
• Permanent Disability- California workers who suffer an injury at work and are unable to return to work are eligible for permanent disability. California workers who sustain an injury at work and can return to work but due to their work injury they can not make the same wage they could before the work injury, may be eligible for workers compensation benefits. California workers compensation will determine the amount for permanent disability based on a variety of factors including the worker’s age, occupation, work capacity and work injury date.
• Vocational Rehabilitation – California workers who suffer an injury at work and are not able to return to their job may qualify for vocational rehabilitation benefits including job retraining and job placement.
• Death benefits – Dependents of California workers who die from their work injury or occupational disease are entitled to death benefits to compensate them for the deceased worker’s lost wages. Burial expenses are also paid up to an established limit.

Do I Need a California Worker’s Compensation Attorney?

Workers compensation law can vary by state and can be complicated. Many insurance workers comp cases are settled easily and without dispute, but many are denied. Work injury lawyers can help California workers get the compensation they deserve and help fight employers and their worker comp attorneys if they are more concerned with saving money than helping the employee recover from their work injury.

The Massachusetts Workers’ Compensation system ensures Massachusetts employees who sustain an injury at work or suffer from an occupational disease get the medical benefits and lost wage benefits they need.

Worker’s compensation or workman’s compensation eliminates the need for the injured employee to file a personal injury claim and endure an expensive and protracted legal battle for compensation. Instead, the employer, without assuming negligence, provides immediate compensation to the employee and the employee accepts a limited monetary benefit.

Massachusetts workers compensation provides benefits for almost all work injuries which occur within the “normal” course of business. Work injuries not covered by worker comp insurance can include:

• Work injuries caused by rough housing.
• Work injuries caused by intentional employee actions meant to injure themselves or other employees.
• Work injuries caused by alcohol or drug intoxication.
• Work injuries occurring while travelling to or from work.
• Work injuries occurring while engaged in voluntary, recreational activities at work.

Massachusetts workers compensation law provides worker compensation for a variety of work injuries and occupational diseases including:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Massachusetts Workers Compensation Benefits

• Medical Benefits – All necessary and reasonable medical benefits are provided for Massachusetts workers who are injured at work. Benefits can include: hospital stays, surgeries, physical therapy, doctor’s visits and medication. The Massachusetts Department of Labor maintains a list of approved doctors for the employee to select from, but the first doctor’s visit must be approved by the employer.
• Temporary Total Disability – Temporary total disability is given to Massachusetts workers who sustain an injury at work and can not return to their job. The first five days are not compensated unless the worker misses 21 calendar days. Temporary total disability is 60% of the worker’s average weekly wage. Massachusetts workers compensation law outlines a maximum amount allowed. Temporary total disability benefits are paid up to 156 days beginning on the 6^th day of incapacitation.
• Permanent Partial Disability – Massachusetts workers who have reached their maximum medical improvement but have residual injuries or loss of body function can receive permanent partial disability benefits. The amount paid and duration of payment can depend on the severity of the disability.
• Permanent Total Disability – Massachusetts workers who sustain an injury at work and have exhausted their temporary total disability benefits can apply for permanent total disability benefits. Work injury benefits for employees who have sustained a work injury which is so severe that they are unable to return to work are 2/3 of their average weekly wage (subject to a maximum). Benefits can be paid until the worker reaches 65 years of age.
• Vocational Rehabilitation – Massachusetts workers who have sustain an injury and can not return to their job can receive vocational rehabilitation training which can help them find new employment. Vocational training can include:  job counseling, testing, retraining and job placement.
• Death Benefits – Surviving beneficiaries of a Massachusetts worker who dies from a work injury or occupational illness can receive funeral expenses up to $3,000 and death benefits which are 2/3 of the deceased workers average weekly wage. The spouse can be paid until they are remarried.

Do I Need a Massachusetts Worker’s Compensation Attorney?

Worker’s compensation lawyers can help Massachusetts employees who sustain an injury at work file their work compensation claim. Worker’s compensation laws can be complicated and it may be a good idea to have a work injury lawyer helping the employee fight for the compensation they are due.

New York worker’s compensation can help a worker who has been injured while performing their normal business activities receive medical care and lost wage compensation. Worker’s compensation or workman’s compensation has eliminated the need for injured workers to file a personal injury lawsuit against their employers. Employers now provide immediate compensation for the worker and the worker avoids an expensive, protracted court battle.

New York’s workers compensation insurance is not provided for work injuries which are intentional, willful or self-inflicted. Work injuries are also not covered if they are the result of alcohol or drug use or rough housing.

Workers comp insurance covers most occupational illnesses and work injuries including:

• Amputations
• Pulmonary conditions
• Abrasions
• Work related heart attack or strokes
• Toxic chemical or smoke inhalation causing pulmonary complications
• Burns
• Neck, knee and back injuries
• Concussions

New York Worker’s Compensation Benefits

Work comp benefits can include medical compensation and wage loss protection paid by the employer’s insurance company. New York Worker’s Compensation Board processes the claims and pays them to the employee regardless of who was at fault for the work injury.

New York workers who suffer an injury at work can receive:

• Cash Benefits – New York workers who suffer an injury at work can not receive cash benefits for the first seven days of their work injury unless it last more than 14 days. The amount paid to the employee is a percentage of their average weekly wage for the past year. To calculate the amount of benefits which the employee may qualify for the following formula is used: 2/3 x average weekly wage x % of disability = weekly benefit. Disability benefits may also be paid to workers who return to work but can not make the amount of money they could prior to the work injury.

• Medical benefits- New York workers who suffer an injury at work can receive medical care benefits for the original work injury. Medical care which is compensated can include: diagnostic tests, MRIs, x-rays and other necessary exams.
• Dependent benefits – Beneficiaries of New York workers who die from their work injury or occupational illness can receive certain death benefits. Dependent benefits are 2/3 of the deceased worker’s average weekly earnings for the year prior to the work injury. Workers compensation establishes a maximum amount of compensation (regardless of the number of dependents). The estate may receive $50,000 if there are no dependents. Funeral expenses of $6,000 are paid in metropolitan New York but other counties limit expenses to $5,000.

Do I Need a New York Worker’s Compensation Attorney?

New York workers who sustain an injury at work can hire a work injury attorney or file their own work compensation claim. It is important to remember that employers will have their own work comp attorneys representing their interests. Worker’s compensation lawyers can also help if a work injury was caused by a third party or if it has led to discrimination or workplace harassment.