Liberty Mutual hunts more damages from AIG workers’ comp case

Yesterday we covered, among other things, a potentially huge workers’ comp rate in California and discounted rates offered to members of the National Federation of Independent Business (NFIB).

Today we see in BusinessWeek and Forbes articles that say the Ohio governor wants lower workers comp rates for his state.

Governor’s goal: 4 per cent reduction

From BusinessWeek: “Ohio’s governor wants the state to lower the premiums employers pay for workers’ compensation by 4 percent for a total cut of about $65 million a year.”

From Forbes: “Gov. John Kasich’s office said the goal is to reduce the cost of doing business in Ohio and make the state more competitive. His proposal was submitted Thursday to the board of the state Bureau of Workers Compensation. If adopted in May, employers would first see premium changes in February.”

Rates determined by sector and claims history

According to the Cleveland Leader, “Presently, rates for specific businesses are determined by the industry that it is in and its claims history. Steve Buehrer, BWC Administrator and CEO, said that the goal is to reduce costs for all employers in Ohio, and one of the factors in the decision to reduce rates is a trend of decreasing claims frequency and positive investment returns.”

Texas high court says state immune from worker-comp retaliation suits

In Texas, the state Supreme Court delivered a setback to workers who are improperly fired in retaliation for filing workers’ comp claims.

An April 29 piece at Business Insurance says, “The state of Texas, including its political subdivisions, is immune from workers compensation retaliation lawsuits, the Texas Supreme Court ruled Friday.

Terminated ‘shortly after’ workers’ comp filing

“According to the decision in Travis Central Appraisal District vs. Diane Lee Norman, Ms. Norman went to work for the district as a probationary employee in January 2006. She was terminated six months later, shortly after filing a workers compensation claim, and sued for retaliation under Texas’ workers compensation statute.”

Opinion reverses earlier ruling

An Austin American-Statesman article says, “An earlier Supreme Court ruling said state law waived sovereign immunity, which protects government from being sued over most issues, for claims under the Texas Anti-Retaliation Act.

“But Friday’s opinion held that recent changes in law stripped the sovereign immunity waiver for cities, counties, school districts and other local governments.”

‘Ruling weakens employee protection’

A Statesman blog adds: “Plaintiffs lawyers say the ruling weakens employee protection and gives local governments free rein to fire workers’ comp recipients without proper cause.

Attorney says workers still have ‘ADA Act and grievance procedures’

“But Jennifer Powell, who argued the case on behalf of the appraisal district, said fear of lawsuits has kept governments from firing workers’ comp recipients for legitimate but unrelated reasons. Employees who believe they were improperly fired can still seek protection under the Americans With Disabilities Act and internal grievance procedures, Powell added.”

Liberty Mutual fights AIG settlement

Liberty Mutual is fighting a proposed settlement in the AIG workers’ comp premiums case.  A Bloomberg piece in The Boston Globe says, “American International Group should pay more than $1.5 billion to rivals to settle a lawsuit alleging the insurer cheated industry-funded pools that cover injured workers, Liberty Mutual Holding Co. said.

Liberty seeks more than triple AIG agreed to

“The proposed damages are more than triple the $450 million that AIG agreed to in a preliminary settlement advocated by seven insurers, including Travelers Cos. and Ace Ltd. in January. The higher payout is justified because the settlement didn’t account for the full scope of AIG’s underreporting of premiums, Liberty Mutual’s Safeco and Ohio Casualty subsidiaries said in federal court documents filed in Chicago.”

Was under-reported amount $2 billion–or $6.1 billion?

Marketwatch reports that “Liberty Mutual is challenging a key component of the proposed settlement, arguing that AIG had underreported its workers’ compensation premiums by $6.1 billion, instead of the roughly $2 billion outlined in the settlement agreement.

“The putative class-action case–and another lawsuit that preceded it–concern payments insurers are required to make, based on their market share, to support state-mandated pools for workers’ compensation coverage. The state pools cover workers who can’t get coverage from the private sector.”

AIG calls proposal ‘a desperate attempt’

Business Insurance weighs in with a look at both perspectives:

In a statement, Liberty Mutual called the proposed settlement “detrimental to the class of over 500 insurance companies victimized by AIG’s admitted wrongdoing.”

Judge Gettleman is scheduled to hear Liberty Mutual’s challenge to the settlement in June, sources said.

The insurers that agreed to the settlement are: ACE INA Holdings Inc., Auto-Owners Insurance Co., Companion Property & Casualty Insurance Co., Firstcomp Insurance Co., Hartford Financial Services Group Inc., Technology Insurance Co. and Travelers Indemnity Co.

AIG said in an emailed statement, “The settlement before the court is fair and reasonable, and Liberty’s opposition is the latest in a long line of desperate attempts to derail a settlement supported by the 50 state insurance departments and the other insurance companies in the litigation. We are confident that the settlement will be approved despite Liberty’s repeated efforts to prevent the parties from reaching a resolution.”

“Liberty has made this claim to regulators, experts and other insurance companies and been rejected by them all.”

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Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Injury on the job

Filing a claim

Workers’ compensation or workman’s compensation is offered to Nevada employees who are injured at work. Workman’s compensation is no-fault insurance purchases by the employer at no cost to the employee. It provides medical benefits and wage-loss compensation to injured workers.

Workman’s compensation was established in most states in the early 1900’s and eliminated the need for the Nevada employee to file a civil injury claim for damages. Now the employee is entitled to immediate benefits without a lengthy and contentious court battle. The trade-off for the employee is they may receive less than they could have won through a civil suit and the employer must purchase insurance for most of their employees, thus incurring extra costs for doing business.

Workman’s compensation in Nevada is administered by the Nevada Department of Business and Industry whose mission it is to “impartially serve the interests of Nevada Employers and Employees by providing assistance, information, and a fair and consistent regulatory structure through timely and accurate delivery of workers’ compensation benefits and compliance with mandatory coverage provisions”.

Hiring a Workers’ Compensation Lawyer

If you have suffered a permanent, disabling work injury or if you have been denied workers’ compensation, contact a Nevada workman’s attorney. Work injury lawyers understand the complexities of Nevada workers’ compensation laws and can ensure you get the help you need.

Find a Nevada workman’s attorney who has represented other clients that have suffered similar work injuries, and make sure they can represent you at all levels of your Nevada workers’ comp case.

Work Injuries Covered Under Nevada Work Injury Law

Most work injuries which occur in the normal course of employment will be covered by workers’ compensation. Common work injuries or occupational illnesses which are generally insured include the following:

• Bone fractures
• Carpal Tunnel Syndrome
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Concussion
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease
• General Anxiety Disorder

Nevada work injuries may not be covered if the employee was not performing their usual business, occupation or trade, the employee was willfully negligent at the time of the work injury, the employee was traveling to or from work, the employee was intoxicated, or the employee was intentionally trying to hurt themselves or another person.

Nevada Worker’s Compensation Benefits

Nevada worker’s compensation benefits for injured workers can include: medical benefits, temporary partial disability benefits (TPD), temporary total disability benefits (TTD), permanent partial disability benefits (PPD), permanent total disability benefits (PTD), vocational rehabilitation and death benefits for surviving beneficiaries.

Medical Benefits

Medical benefits may be provided to the injured employee at no cost and may include all necessary and reasonable medical services. Common medical benefits include hospitalizations, prescribed medications, laboratory services, and doctor’s visits.

Employees may be required to select a treating physician from a list of physicians provided the workers’ compensation insurance company if the employer has contracted for medical services through a preferred provider organization or managed care organization. Talk to your employer prior to making any decisions regarding medical care.

Temporary Total Disability Benefits (TTD)

Temporary total disability benefits may be provided to employees who are injured at work and unable to return to their job due to the Nevada work injuries. TTD benefits are provided after an injured employee is unable to work for at least 5 consecutive days or 5 cumulative days in a 20 day period.

TTD benefits are paid at 66 2/3% of the injured employee’s average monthly wage and are paid until the treating doctor indicates the employee is able to return to either full or modified employment.

Temporary Partial Disability benefits (TPD)

Temporary partial disability benefits may be paid to Nevada employees who are injured at work and able to return to their jobs but due to their work injury are unable to make the same wage. TPD benefits are paid for a total of 24 weeks. TPD benefits are calculated as the difference between the wage prior to the work injury and the wages the injured employee currently makes.

TPD benefits must be paid within 14 days from the date the insurer receives proof of the temporary partial disability.

Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits are paid when a Nevada work has reached their maximum medical improvement level, but due to their work injury, they have residual disabilities or injuries. A doctor will calculate the impairment percentage using the criteria in the AMA Guides to Evaluation of Permanent Impairment (currently the 5th edition).

The impairment guide provides detailed instructions on how to rate the impairment of each body part and the PPD compensation amount is calculated based on the determined percentage of the impairment and the average monthly wage of the employee and the employee’s age.
Under some conditions the injured work may be able to receive their PPD award in a lump sum payment or installments.

Permanent Total Disability Benefits (PTD)

Permanent total disability benefits are paid to employees who have been injured on the job and are unable, due to their work injury, to return to any type of employment. PTD benefits are paid at 66 2/3% of the worker’s average weekly wage.

PTD benefits are paid one time per month. More information for permanent total disability benefits can be found in the NRS 616C.425 and NRS 616C.345.

Vocational Rehabilitation Services

Vocational rehabilitation services may be offered to disabled workers who are unable to return to their previous job. Nevada’s vocational rehabilitation services can include job training, job placement, job assessments, and job counseling. The goal of all rehabilitation services is to help the injured employee find new employment or return to their previous job.

Death Benefits

Death benefits are provided to surviving spouses and children of workers who died from their work injuries. Death benefits are paid as a percentage of the worker’s wage (up to a maximum established under Nevada state law).

Burial allowances are also provided up to the state’s cap.

NFIB plans to expand discount rates to more states

According to an April 25 press release an Ohio steel company has won awards for workplace saftey, dating back to 2008: “AK Steel said Monday its manufacturing plants in Coshocton and Zanesville have been recognized for outstanding safety performance by the Ohio Bureau of Workers’ Compensation’s division of safety and hygiene.

“The company’s Coshocton facility received the Group Award for Safety for having the lowest incident rate in its industrial group for 2010, AK Steel officials said.

100 percent Award for Safety

“Additionally, the plant also received the 100 percent Award for Safety for operating all of last year without any lost-time injuries or illnesses and the Special Award for Safety for working more than 2.4 million hours without a lost-time injury between Feb. 20, 2008, and Dec. 31, 2010.

No lost time due to injuries or illnesses

“[Furthermore] AK Steel’s Zanesville Works received the 100 percent Award for Safety for operating last year without any lost-time injuries or illnesses. It also received a special award for safety for working 3.5 million hours without a lost-time injury between April 21, 2003 and Dec. 31, 2010.

“James L. Wainscott, chairman, president and chief executive of AK Steel, said the company was honored by the recognition, which reflect the company’s ‘culture of safety.’”

California employers scramble to find new workers’ comp coverage after Mainstay’s certificate revoked

On the left coast, California workers’ comp is in something of a shakeup.

According to an April 25 piece in Central Valley Business Times, “Employers who buy their workers’ compensation through Mainstay Business Solutions are being urged to immediately find another source of coverage because the California Department of Industrial Relations has revoked Mainstay’s certificate of consent to self insure.

“It says it took the action due to Mainstay’s inability to pay benefits to injured workers. Mainstay’s existing workers comp claims are now being paid by the California Self Insurers’ Security Fund. The Department of Industrial Relations had earlier said that they were being paid by the State Compensation Insurance Fund.”

Even one employee requires workers’ comp

Unlike some states, the story explains, “All California employers, even those with only one employee, are required by law to have workers’ compensation insurance coverage. It can be purchased from a commercial insurance company or from the State Compensation Insurance Fund.”

$4.7 million deficit

The certificate was pulled by The Department of Industrial Relations’ office of Self-Insurance Programs (DIR/SIP) on April 18 following “a partial audit” that revealed a deficit of $4.7 million, indicating  Mainstay’s claims were under-reserved by at least $2-$3 million, according to DIR.

Bureau revises premium rate hike to–gulp–40 %

Another April 25 article, in the North Bay Business Journal, says “The body that oversees and makes recommendations on [California] workers’ compensation rates recently submitted a filing of cost drivers, a move that could be the first step before it recommends brokers raise premium rates by as much as 40 percent.

“But while the Workers’ Compensation Insurance Rating Bureau mulls over making the recommendation on premiums, insurance executives in the North Bay said that although rates may still increase, they likely would not be near the rate that the bureau has recommended.”

Earlier in the year, the bureau had recommended an increase of 27 per cent in the “pure premium rate,” but then this month revise the figure to 39.8 per cent, citing “the rising costs of medical care.”

The article quotes various experts and insiders saying such a large, “hair-on-fire” rate increase is unlikely, given the potential for political fallout, but that employers should definitely expect an increase of at least 10 per cent.

NFIB says its members enjoy discounted rates, plans to expand into more states in the coming year

By way of contrast, one company claims to be providing discounted rates in ten states, with plans to expand to more states this year, having recently extended the program to members in four states. According to a press release, “The National Federation of Independent Business (NFIB) today announced it has extended discounted workers’ compensation coverage benefits to its members in Indiana, North Carolina, Virginia and Missouri through EMPLOYERS®, America’s small business insurance specialist®.

“EMPLOYERS currently offers NFIB members discounted workers’ compensation coverage in 10 states with plans to expand the program to additional states later this year. The NFIB named EMPLOYERS its provider of choice due to the carrier’s focus and expertise as a specialty writer of workers’ compensation insurance for small businesses.

“Depending on the state, qualifying NFIB members are eligible to receive either a 5 percent discount or a 5 percent flat dividend on workers’ compensation insurance policies with EMPLOYERS, in addition to other discounts or dividends offered by EMPLOYERS. Members can access this valuable benefit through EMPLOYERS-appointed independent agencies.”

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Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Injury on the job

Filing a claim

Nebraska workers’ compensation or workman’s compensation laws were designed to provide medical and wage loss protection benefits to Nebraska employee’s who have sustained a work injury or occupational illness in the course of their employment.

Information for workers’ compensation in Nebraska is found in the Nebraska Workers’ Compensation Act, Section 48-101 to Section 48-1,118 of the Nebraska Revised Statutes. Workers’ compensation is the exclusive remedy for Nebraska employees who have been injured at work and eliminates the need for injured employees to file a personal injury claim to recover compensation or damages.

Workman’s compensation is considered a compromise for both the employee and the employer. The employee will get benefits immediately after a Nebraska work injury, sacrificing money they may have won by filing a civil lawsuit and the employer must purchase workman’s compensation insurance and pay for injuries they may not have been responsible for if they had won a civil action.

Hiring a Nebraska Work Injury Lawyer

If you have been injured in a Nebraska work injury you may not have thought about hiring a Nebraska work comp lawyer. Maybe you think you can not afford to hire a work compensation attorney. Under Nebraska work injury laws a Nebraska work compensation lawyer will only be paid if they win work compensation benefits for you.

Not all Nebraska employees will need a work comp lawyer, but if you have suffered a permanent or serious work injury or if you have been denied workman’s compensation benefits, contact a Nebraska lawyer. Many workers’ compensation lawyers in Nebraska will provide a free consultation and we will answer your questions and help you get the benefits you deserve.

Work Injuries Covered Under Nebraska Workers’ Compensation

Work injuries covered under Nebraska workers’ compensation can include any Nebraska work injury or occupational illness which occurred in the course of the Nebraska employee’s employment. The employee must have been performing their usual business, occupation or trade, the employee was not willfully negligent at the time of the work injury and the injury must have occurred in the state of Nebraska.
Common Nebraska work injuries or occupational illnesses that may be covered can include:

• Abrasions
• Burns
• Back and neck injuries
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Chronic Obstructive Pulmonary Disease
• Post traumatic stress disorder (PTSD)
• Torn Rotator Cuff
• Concussion
• Asbestos exposure
• General anxiety disorder

Nebraska Workers Compensation Benefits

Workers’ compensation laws vary by states but most states provide medical benefits, lost wage replacement benefits, vocational rehabilitation and death benefits.

• Medical Benefits

Medical benefits are provided to Nebraska workers who have been injured on the job and can include all reasonable and necessary medical expenses. Common medical benefits which the employer is liable to pay for can include: hospital services, medical supplies, prescribed medication, doctor’s visits, and laboratory services. Expenses for travel to medical appointments may be paid in some in cases.

Specific rules apply for whether or not an employee or employer can choose a treating physician. Talk to your employer prior to making any type of medical decision.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) may be paid to an injured employee who is temporarily unable to work due to their Nebraska work injury. TTD benefits are paid at 2/3 of the worker’s average weekly wage, up to a maximum established under Nebraska state law. TTD benefits are not paid for the first week of missed work. If the worker misses six weeks or more of work they will be compensated for the first week of missed work.

TTD benefits are paid to Nebraska employees for as long as the treating physician indicates the worker can not work due to their Nebraska work injury.

• Temporary Partial Disability Benefits

Temporary partial disability benefits (TPD) are paid to Nebraska employees when they are able to work but due to their work injury or reduced work schedule they are unable to make the same wage. Temporary partial disability benefits may be paid up to 300 weeks and are 2/3 the differences between the worker’s wage at the time of the work injury and the wage after the work injury.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits may be paid to employees who have lost the use of part of their body due to a work injury. Some body parts are scheduled and there is a statutory value attached to their loss. The rate of pay for scheduled body parts is 2/3 of the worker’s average weekly wage multiplied time the number of weeks outlined in the scheduled (subject to a minimum and maximum amount outlined in Nebraska state law. PPD benefits are also paid for permanent partial disabilities to the body as a whole. For non-scheduled PPD benefits the calculated amount is based on the percentage of the disability multiplied by 2/3 of the employee’s average weekly wage.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits may be paid to Nebraska workers who have been injured at work, have reached their maximum medical improvement level but continue to have disabilities which make it impossible to work.

PTD benefits are paid as a percentage of the employee’s average weekly wage and are paid for the duration of the disability.

• Death benefits

Death benefits are paid to the surviving spouse and dependents. The surviving widow is paid death benefits at 66 2/3% of the deceased employee’s average wage at the time of the Nebraska work injury. If the spouse has children they may be entitled to 75%. Surviving children may receive Nebraska death benefits until they are 19 years old or longer if they are enrolled in college.

Burial expenses may also be paid up to the state’s maximum allowable amount which is currently $6,000. Death benefits for spouses may cease when the spouse remarries but the widow may be entitled to a 2 year death benefit lump sum payment at the time of their remarriage.

• Vocational Rehabilitation Benefits

Vocational rehabilitation benefits may be offered to Nebraska employees who have been injured from a work injury and are unable to return to their previous job. Vocational rehabilitation services are optional. Vocational rehabilitation development should be paid by the Nebraska employer. If you having difficulty getting the vocational rehabilitation benefits you need to find suitable employment after your Nebraska work injury, contact a vocational rehabilitation specialist at the court.

Montana workers’ compensation insurance is provided to Montana workers who are injured on the job. Workers’ compensation is a no-fault insurance system paying medical benefits and wage loss compensation to injured workers regardless of fault.

Montana worker’s compensation or workman’s compensation is a trade-off between the employer and the employee and has eliminated the right of the worker to sue for compensation by filing a personal injury claim to recover compensation.

The Montana Workers’ Compensation Court administers workers’ compensation in Montana. The goal of Montana’s workers compensation is to provide “a fair, efficient, and effective forum for the resolution of disputes arising under the Montana Workers’ Compensation Act and the Occupational Disease Act”.

Hiring a Montana Workers’ Compensation Lawyer

Workers compensation lawyers offer employees who have been injured on the job help in getting their state’s exclusive, no-fault remedies. Montana workers’ comp attorneys can guide Montana workers who are injured through the workers comp process and ensure they receive the medical benefits and wage loss compensation they are due.

Work Injuries Covered Under Montana Workers’ Compensation Law

Work injuries which occur while the worker is engaged in normal work activities are generally covered by Montana workers’ compensation. Common work injuries and occupational diseases which are covered can include:

• Neck injuries
• Back injuries
• Carpal Tunnel
• Concussions
• Heart attacks on the job
• Strokes on the job
• Amputations
• Injuries from inhaling toxic chemicals
• Closed head injuries
• Paralysis
• Burns
• Spinal cord injuries
• Abrasions
• Electrocution
• Puncture wounds
• Post Traumatic Stress Disorder (PTSD)
• Pulmonary conditions

Workers who are injured while they are intoxicated, behaving recklessly, injured from their intentional actions to hurt themselves or other or who are not following company safety procedures may not receive workman’s compensation.

If you have been injured and have been denied Montana work comp benefits and need help. Contact a Montana work compensation lawyer.

Montana Worker’s Compensation Benefits

Montana workers’ compensation benefits can include medical benefits, temporary total disability, partial permanent disability benefits, partial total disability benefits, death benefits and vocational rehabilitation benefits.

• Medical benefits

Medical benefits are provided to injured workers for all necessary and reasonable medical care. Employees can choose their own treating physician unless the employee is subject to a managed care plan. If the employee fails to use the managed care provider or PPO (preferred provider organization) they may be entitled to pay co-payments for doctor and hospital visits.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are paid to employees who suffer total loss of all of their wages due to their work injury. TTD benefits are paid until the employee reaches their maximum medical improvement and their treating physician releases them to perform the same job, an equivalent job or a job with higher compensation. If the employee reaches their maximum medical improvement and is not able to return to work due to a permanent disability they may be entitled to another type of Montana workers’ compensation benefit.

TTD benefits are paid at 66 2/3% of the worker’s average gross wages prior to the work injury up to Montana’s state maximum. According to Montana’s state statutes outlined in 39-71-702(5), the TTD weekly benefit amount may not be adjusted for cost of living as provided. TTD is not paid until the worker has been unable to work for at least 4 days.

• Temporary Partial Disability Benefits (PTD)

Temporary partial disability benefits (TPD) are paid to Montana employees who are injured on the job and are able to work a reduced or lighter work schedule but whose wages have been reduced due to their work injury. TPD benefits are calculated as the difference between the worker’s average weekly wage at the time of the Montana work injury (up to 40 hours per week) and the worker’s current wages.

• Permanent Total Disability Benefits

Permanent total disability benefits (PTD) are paid to Montana workers who suffer an injury at work and are unable to return to any substantial employment. PTD is paid at 66 2/3% of the Montana workers wage up to the maximum allowed under Montana state law.

PTD payments are made for the length of the disability or until the Montana worker is allowed to return to their prior job or similar employment. PTD benefits may be offset by Social Security Disability benefits.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits (PPD) may be paid if a Montana worker suffers a permanent and partial disability and they are not able to continue to receive TTD benefits. PPD benefits are paid if the employee has 1) an actual loss of wages from their Montana work injury; 2) has received a permanent impairment rating from their physician; 3) the rating is not based exclusively on the complaint of pain but is supported by other objective medical evidence; 4) the rating is greater than 0 and determined by the physician from the most recent edition of the American medical association Guides to the Evaluation of Permanent Impairment.

Injured workers who have an impairment rating but who have not suffered an actual loss of wages from their Montana work injury are only able to receive an impairment award.

• Vocational Rehabilitation

Vocational rehabilitation may be available to Montana workers who are injured and unable to return to their previous employment, who have a permanent partial impairment (at least 15%) or who have suffered wage loss.

Vocational rehabilitation can include a variety of services such as counseling, vocational evaluations, job placement, job development and vocational monitoring.

• Death Benefits

Death benefits may be paid to the surviving beneficiaries of Montana workers who have died from a work injury or occupation illness. Death benefits generally are paid as a percentage of the deceased workers wage and may also include burial expenses up to a maximum amount outlined under state law.

Missouri workman’s compensation or workers’ compensation is a no-fault insurance plan for employees who have been injured in a work-related accident or who have an occupational illness. Workman’s compensation includes medical benefits and wage loss compensation for employees as they attempt to recover from their work injury and return to their jobs.

Details and information for Missouri’s workers compensation law is contained in Chapter 287 of the Revised Statutes of Missouri. This law outlines the rights and obligations of employers and employees who are injured at work and seeking workman’s compensation.

Missouri workers’ compensation is administered by the Missouri Division of Workers’ Compensation. Missouri Workers’ Compensation Division strives to ensure that an injured worker receives all of the Missouri workman’s comp benefits that they are entitled to receive under the Missouri Workers’ Compensation law. Disputes or settlements may be reviewed and decided by the Division’s Administrative Law Judges who has the authority to award settlements to injured workers for permanent benefits allowed by Missouri compensation law.

Hiring a Missouri Workers’ Compensation Lawyer

Workers who suffer from a Missouri work injury or occupational illness and who are unable to work are entitled to compensation. Missouri work compensation lawyers generally offer a free consultation to determine if they can handle your claim.

Work comp lawyers in Missouri can help you secure your full work comp benefits and resolve your case as quickly as possible. Most workman’s comp lawyers have handled a diverse case load and understand what compensation is needed for some of the most common types of work injuries including: back injury, neck injury, fibromyalgia, burns, amputation, and blindness.

Missouri workers’ compensation attorneys have access to some of the top experts in various medical fields and can help you build a strong workman’s compensation case.

Work Injuries Covered Under Missouri workman’s Compensation
Missouri workers’ compensation covers most work injuries which occur on the job. This can include work injuries caused by the careless actions of a Missouri employee. The employee must, however, be engaged in what is termed “their normal job duties” or official company business.

Work injuries may not be covered by Missouri workman’s compensation under the following conditions:

• The employee was performing an activity expressly prohibited by company police or was against the law.
• The employee was injured while they were intoxicated by alcohol or drugs.
• The employee was driving to or from work.
• The employee was injured while they were intentionally trying to hurt themselves or another person.
• The employee was engaged in a voluntary, recreational or social activity.

Missouri work injuries or occupational illnesses which are commonly covered under Missouri workman’s comp law can include:

• Bone fractures
• Carpal Tunnel Syndrome
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Concussion
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease
• General Anxiety Disorder

Missouri Worker’s Compensation Benefits

• Medical benefits

Medical benefits are provided to injured Missouri employees at no cost. Medical benefits cover all necessary and reasonable medical care associated with the work injury. This can include: doctor’s visits, hospitalizations, medical supplies, laboratory services, prescribed medication and physical therapy.

Missouri employees have the authority, under Missouri workers’ compensation laws, to choose the employee’s treating physician. The employee can not change doctors without proper employer authorization. Talk to your employer prior seeing a physician.

• Temporary Total Disability Benefits (TTD)

Temporary and total disability benefits are paid to Missouri workers who are injured at work and who, due to their Missouri work injury, are unable to return to their job. TTD benefits 2/3 of the injured workers average weekly wages up to the maximum established by Missouri workers’ compensation law.

TTD payments are limited to 400 weeks and will not begin until after a 3 day waiting period. Employees who are absent from work due to their work injury for more than 14 days may receive compensation for the first 3 days of missed work.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits (PPD) may be paid to workers who have suffered a permanent and partial loss of a body part. According to Missouri statute it may be paid “in addition to compensation for temporary total disability or temporary partial disability paid in accordance with sections 287.170 and 287.180, respectively”.

PPD benefit rates are based on a schedule. For instance, workers who have lost use of their arm at the elbow joint may be entitled to 210 weeks of PPD benefits. PPD compensation is 66 2/3 percent of the injured workers wage. For permanent losses which are considered “non-scheduled” the maximum period of payments is 400 weeks and the maximum payment amount is $161,864.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) is paid to employees who are totally and permanently disabled from a work injury and unable to work. For injuries occurring on or after August 28, 1991, according to the state’s statute “the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee’s average weekly earnings as of the date of the injury”. The weekly compensation can not exceed 105% of the state’s average weekly wage. PTD benefits may be paid for the lifetime of the injured employee.

• Vocational Rehabilitation Benefits

Vocational rehabilitation is available to injured workers who are unable to return to their previous employment due to their work injury. Vocational rehabilitation services are provided by the Missouri Division of Vocational Rehabilitation and can include: job evaluations, job training, counseling, and job modifications. The goal of vocational rehabilitation benefits is to help the worker return suitable employment as soon as possible.

• Death benefits

Death benefits are paid to the surviving dependents and spouse of a Missouri worker who dies form a work-related injury. Death benefits are paid at 66 2/3% of the deceased worker’s average weekly wages for the year before the death. Death benefits can also include funeral expenses which may be paid up to the state’s maximum allowable amount which is currently $5,000.

Mississippi workers compensation or workman’s compensation is a no-fault insurance plan created under state law. It is administered by the state of Mississippi Workers’ Compensation Commission and is funded entirely by Mississippi employers.

Mississippi workers’ compensation was instituted in 1948, and it guarantees medical benefits and wage loss protection for Mississippi workers who suffer from a work injury. Workers compensation allows workers to obtain these benefits regardless of who caused the injury and eliminates the need of employees to file a Mississippi personal injury claim.

Workers’ compensation benefits the employee who is able to receive medical benefits immediately, without a lengthy and contentious legal battle. It does, however, limit the amount of compensation the employee may have won if they had won a large settlement from a personal injury claim.

Hiring a Mississippi Workers Compensation Lawyer

Many Mississippi workman’s compensation claims can be handled with little dispute without the assistance of a Mississippi workers’ comp attorney, but if you are unable to receive the medical care or wage compensation you need a Mississippi workers compensation lawyer can help.

Workers compensation lawyers from Mississippi can be consulted at any time. Workers comp lawyers understand Mississippi workers’ compensation laws and have helped many claimants get the work comp benefits they deserve.

Work Injuries covered under Mississippi Workers’ Compensation

Work injuries are covered under Mississippi workers’ compensation if they occur while the employee is performing their normal job duties. There are a multitude of work injuries and occupational diseases which are covered including:

• Neck injuries
• Back injuries
• Carpal Tunnel
• Concussions
• Heart attacks on the job
• Strokes on the job
• Amputations
• Injuries from inhaling toxic chemicals
• Closed head injuries
• Paralysis
• Burns
• Spinal cord injuries
• Abrasions
• Electrocution
• Puncture wounds
• Post Traumatic Stress Disorder (PTSD)
• Pulmonary conditions

Mississippi workman’s compensation does not cover all work injuries. Employees who are injured at work under any of the following conditions may have difficult winning workers’ compensation benefits:

• The employee is injured while they are intoxicated.
• The employee is injured because the failed to follow outlined safety regulations.
• The employee is injured travelling to and from work.
• The employee is injured while they are engaged in social, voluntary or recreational activity at work.
• The employee is injured trying to intentionally injure themselves or another person.

If you have questions about whether or not your Mississippi work injury is covered by Mississippi workman’s compensation, contact a Mississippi workman’s comp lawyer.

Mississippi Worker’s Compensation Benefits

• Medical benefits

Mississippi workman’s compensation entitles injured Mississippi workers to all reasonable and necessary medical care which is needed to help the employee reach their maximum medical improvement level. Medical care can include: nursing services, physical therapy, medical supplies, laboratory services, doctor’s visits, hospital stays and prescribed medication. Mileage expenses for trips to the doctor may also be covered.

Mississippi worker’s compensation differs from many other states and allows the employee to choose their own treating physician. The treating physician may make one referral to a specialist for additional treatment. All other referrals must be approved by the insurance carrier or the employer.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are paid to Mississippi workers who suffer a work injury and are temporarily unable to work. TTD payments are paid at 2/3 of the worker’s average weekly wage up to the maximum outlined under state law. TTD payments can continue up to 450 weeks but no worker is entitled to receive more than 450 times the maximum weekly amount outlined under state law.

There is a 5 day waiting period before TTD benefits are paid. If the worker is disabled for 14 or more days they will be paid for the first 5 days of their disability.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) are paid to Mississippi workers who are injured in a work injury and unable to return to any type of work. PTD benefits are paid as a percentage of the worker’s average weekly wage (66 2/3%) and are paid after the worker has reached their maximum medical improvement but remain permanently disabled and/or handicapped. Mississippi employees who lose both of their arms, feet, legs or hands they are considered totally disabled.
According to the statute, PPD benefits “shall be paid to the employee not to exceed four hundred fifty (450) weeks or an amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66- 2/3%) of the average weekly wage for the state”.

PPD benefits are paid every 14 days for the duration of the disability, subject to certain statutorily provided time limits.

• Permanent Partial Disability

Permanent partial disability benefits are paid at 66 2/3% of the injured worker’s average weekly wage up to the maximum amount established under Mississippi workman’s comp law. PPD benefits can vary depending on the nature and severity of the injury. For example, employees who lose a leg are eligible for 175 weeks of compensation but an injured employee who lost an arm is entitled to 200 weeks of PPD.

• Temporary Partial disability Benefits

Temporary partial disability benefits (TPD) may be paid to employees who have suffered a decreased earning capacity from their work injuries. TPD benefits are paid, according to the statute at “sixty-six and two-thirds percent (66- 2 /3 %) of the difference between the injured employee’s average weekly wages before the injury and his wage-earning capacity after the injury in the same or other employment (up to the state’s maximum”.

TPD benefits can not exceed 450 weeks or an “amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2 /3 %) of the average weekly wage for the state”.

• Death Benefits

Death benefits are paid to the surviving spouse and certain dependents of the deceased employee who was killed from a work related injury or occupational illness. Death benefits are paid every 14 days and can continue up to 450 following the death of the covered employee. Death benefits payments are a percentage of the Mississippi worker’s average weekly wage (up to a maximum amount outlined under Mississippi state law).

Burial expenses may also be paid up to $2,000 and the surviving spouse may also be entitled to an immediate payment of $250.

Supporters of N. Carolina proposals hope to cut TTD benefits

Last time we mentioned workers’ comp problems in Maine but focused on the legislative battle in Washington state. Today we’ll look at Maine and North Carolina.

An April 14 article in The Portland Press Herald says, “Firefighters, police officers and other first responders turned out for a public hearing Wednesday to oppose a bill that would curb eligibility for permanent coverage for mental illnesses under Maine workers’ compensation law.

Bill’s author: it’s needed to cut litigation, ‘unreliable’  claims

“State Rep. Kerri Prescott, R-Topsham, who proposed L.D. 1065, said it is needed to reduce litigation and avoid ‘unreliable’ workers’ comp claims.

“The measure, which came before the Legislature’s Labor, Commerce, Research and Economic Development Committee, was supported by the Maine State Chamber of Commerce, the Workers’ Compensation Coordinating Council and the Maine Council of Self-Insureds.”

One case involves officer who found girl killed in oven

Another April 14 piece is at the Maine Public Broadcasting Network (where you can also listen to a four-minute audio file of the original broadcast):

Businesses and insurers have long been critical of Maine’s workers’ compensation law, which they say is burdensome, and vulnerable to frivolous claims. Now with a governor who said in his inaugural speech he wants to bring down workers’ comp costs, and Republicans in control of the Legislature, supporters of efforts to restrict the law are hopeful. But labor leaders and workers, from EMTs and police officers, to mill and steelworkers, are fighting hard against these bills.

“I did my job and I did it right,” says Bill Fournier, a former Auburn police officer whose life went into a tailspin after he began working on the 1984 Angela Palmer case. Fournier was among the first to find the little girl burned to death in an oven by her mother’s boyfriend.

Fournier told the Legislature’s Labor Committee that a bill to deny permanent worker’s comp coverage for emotional injury is wrong. He was denied worker’s comp, and says he suffer nightmares and flashbacks to this day.

“One particular incident: My wife who was a school teacher for Auburn school department was sitting down correcting papers in the living room. She heard a commotion in the dining room, which was me–screaming. I had my service revolver loaded at my head and the handle was cocked,” Fournier testified.

Injured workers deserve full treatment

It’s too obvious to much discuss that soldiers deserve treatment for the shock and stress of war. It seems obvious that workers could face similar damages from their jobs, especially  emergency workers such as police, firefighters and EMT personnel. A vote is supposed to be scheduled in a few weeks.

Business lines up against worker advocates in N. Carolina

In North Carolina, workers and business leaders have teed off on similar issues, invoking language similar to the Maine controversy. From an April 25 account at Insurance Journal: “Business groups last Thursday praised proposed legislation that changes workers’ compensation laws in ways that lower employer costs, while workers and the lawyers who represent them complained the victims of workplace accidents could be cut off from their only income.

Trying to stop ‘open-ended, lifelong’ claims

“Employers want to limit a system that now has the potential to turn a workplace injury, no matter who was at fault, into ‘a multi-million-dollar event with no legal means to ever end or settle the open-ended, life-long claim. This is not what good and fair workers compensation systems do around the country and it should not happen here,’ said Bruce Clark, president of Capital Associated Industries, which advises companies on employment issues.”

Worker advocates concede that some cheats try to game the system but maintain that insurers do, too,  by forcing injured workers on a carousel of doctor visits, shopping for the cheapest diagnosis.

As proposed, the measure supported by business would extend some benefits: death-benefit payments for dependents from 400 weeks to 500 weeks and burial benefits that max out at $10,000-the first increase in years.

TTD eligibility would be capped

However, TTD (so-called temporary total disability) eligibility would be greatly diminished: injured workers in North Carolina are eligible for lifetime awards in severe cases, but the proposal would cap TTD at slightly more than nine and a half years.

Stop fraud, not earned benefits

We deplore any act of fraud against the system, whether it be committed by the worker, the medical provider, the company, the commission or the insurance carrier. But the whole point of workers’ compensation is to provide treatment for injured workers. In return, companies in compliance don’t get sued for workplace injuries.

If workers aren’t going to be covered, fully covered, then why should businesses get to keep full immunity from lawsuits?

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Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Injury on the job

Filing a claim

Kentucky workers’ compensation or workman’s compensation is outlined in Kentucky’s Revised Statutes and provides work injury compensation for employees who have been injured on the job or who have contracted an occupational disease. Kentucky workers’ compensation can include paid medical care, temporary and permanent disability compensation and vocational rehabilitations services. Survivors of deceased employees may also be entitled to Kentucky workers’ compensation benefits.

Workman’s comp programs have been created throughout the United States to eliminate the need for injured employees to file personal injury claims for work injuries. Workers’ compensation benefits both the employee and the employer by providing benefits immediately for the employee without them having to fight a protracted legal battle. Under some conditions the employee may accept less money than they would have received if they had won a personal injury claim, but they will get immediate workers’ comp benefits without having to prove the employer’s negligent actions contributed or caused their Kentucky work injury.

Kentucky’s Department of Workers’ Claims is the state agency which administers the Kentucky workers compensation program and has exclusive jurisdiction over Kentucky workers’ compensation claims. Currently, 80,000 Kentucky employers and 1.7 million Kentucky employees are covered under Kentucky’s workers’ compensation law.

Hiring a Kentucky Workers’ Compensation Lawyer

Not all injured Kentucky workers will need a workman’s comp lawyer, but if your work injury is severe or permanent or if your employer has denied Kentucky workers’ compensation, it may be a good idea to contact a Kentucky Workers’ Compensation Lawyer.

Kentucky work compensation attorneys can also assist employees whose Kentucky work injury has led to workplace harassment or discrimination.

Kentucky Work Injuries covered by Workers’ Compensation

Kentucky workman’s comp does not cover all injuries. Injuries are only covered under workers’ compensation if they occurred while an employee was engaged in their normal job duties and for employees, who according to Kentucky Rev. Stat. 342.6, are “under an express or implied contract for hire or apprenticeship, and any person performing service in the course of the trade, business, profession, or occupation of an employer at the time of the injury”. Certain individuals may be exempt from Kentucky workman’s coverage including home maintenance repair workers, domestic workers and agricultural workers (exceptions exist).

Employees, who are injured while they are intoxicated, who intentionally try to injure themselves or other or who are travelling to and from work may not receive Kentucky workman’s comp benefits.

Most work injuries will be covered by Kentucky workman’s compensation. The most common work injuries can include:

• Neck injuries
• Back injuries
• Carpal Tunnel
• Concussions
• Heart attacks on the job
• Strokes on the job
• Amputations
• Injuries from inhaling toxic chemicals
• Closed head injuries
• Paralysis
• Burns
• Spinal cord injuries
• Abrasions
• Electrocution
• Puncture wounds
• Post Traumatic Stress Disorder (PTSD)
• Pulmonary conditions

Kentucky Workers’ Compensation Benefits

Kentucky employees may be eligible for the following types of Kentucky work injury compensation:

• Medical Benefits

Medical benefits are provided to employees who are injured on the job. Medical care is provided free of charge to the employee and can include compensation for all medical care which is considered “appropriate and necessary”.

Employees should not be required to make co-payments for their workers’ compensation medical treatment. It is also unlawful for the medical provider to charge employees additional amounts over the negotiated medical costs.

Medical treatment which is covered under Kentucky workers’ compensation law includes: doctor’s visits, hospital stays, laboratory services and prescription medication. Employees may choose their own physician, unless the employer has a specific managed health care system.

• Temporary Total Disability (TTD)

Temporary total disability benefits (TTD) are paid to workers who are injured on the job and are unable to perform any type of work for more than 7 calendar days. If a Kentucky employee misses 8 or more days they will receive TTD benefits. If the employee misses 15 calendar days of employment they will be compensated for the first 7 days of missed work.

TTD benefits are 2/3 of the worker’s average weekly wage up to the state’s maximum allowable amount under Kentucky workman’s comp law. Unlike many states, Kentucky workman’s compensation laws do not make an allowance for temporary partial disability.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits (PPD) may be paid to Kentucky employees who have been injured in a work-related injury and have reached their maximum medical improvement level but have permanent impairments and are unable to earn the same wage as they earned prior to their work injury.

PPD benefits are paid when the Kentucky employee returns to work. According to the Kentucky Workers’ Compensation handbook, the Kentucky employee is “entitled to 66 2/3% of their average weekly wage, but no more than 75% of the state’s average weekly wage, multiplied by their percentage of impairment caused by their injury or disease”.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) may be paid to employees who have reached their maximum medical improvement but continue to have permanent restrictions or residual impairments which do not allow them to engage in any type of regular employment. PTD benefits are paid at 66 2/3% of the employee’s average weekly wage and may continue until the worker reaches 65 years of age.

• Death Benefits

Death benefits may be paid to the surviving children or spouse of the deceased Kentucky employee who was killed from a work injury. If the death occurs within 4 years from the date of the Kentucky work injury workers’ compensation death benefits are paid in a lump sum payment to the deceased employee’s estate. Death benefits can also include burial expenses up to a maximum allowable amount.

• Vocational Rehabilitation

Vocational rehabilitation is allowed under Kentucky workman’s comp laws for up to 52 weeks and may include certain educational benefits and training opportunities for the injured Kentucky worker.

Vocational rehabilitation may be extended by a state administrative law judge. Vocational assessments are completed by the state’s vocational rehabilitation office. The goal of Kentucky workers’ compensation vocation is to help workers return to work.

Workers compensation is available in Minnesota to workers who have suffered a work injury or who suffer from an occupational disease. Minnesota workers’ compensation is a no-fault system of laws which was created to help injured workers get the compensation they needed for their work injuries without having to file a personal injury claim against their employer. Worker’s compensation is provided to the Minnesota employee without their proving their employer’s negligence contributed to their Minnesota work injury.

Minnesota Department of Labor and Industry regulates workers’ compensation in the state of Minnesota. There mission is to “ensure equitable, healthy and safe work and living environments in Minnesota. Through outreach, education and compliance efforts, we strive to improve the quality of life for Minnesota workers and their families”. They hope to achieve their goals by helping to keep the workplace free from injuries, ensuring employee’s are provided benefits outlined in workers’ compensation law and helping employees understand their legal rights in the workplace.

Hiring a Minnesota Workers’ Compensation Attorney

Sustaining a work injury can be devastating, not only for the worker, but also the entire family. If you have been financially and emotionally hurt from a work-related accident, contact a Minnesota workers’ compensation lawyer.

Workers’ compensation attorneys in Minnesota can help injured workers through the Minnesota workers’ compensation appeal’s process and can help them start receiving the medical benefits, lost wages and vocational rehabilitation benefits they need.

Employees, who have been fired or discriminated against or who have a permanent or serious work injury, will need help from a Minnesota workman’s comp lawyer.

Work Injuries Covered Under Minnesota Workers’ Compensation

Work injuries may be covered under Minnesota workers’ compensation law if they occurred within the normal scope of an employee’s job. Workers who have been injured while they were intoxicated, attempting to injure themselves or others, who were travelling to and from work, who were engaged in intentional or willful misconduct, who showed gross negligence or who violated a clearly announced and enforced rule may be ineligible for Minnesota workers’ compensation.

Minnesota work injuries and occupational diseases which are commonly covered under Minnesota workers’ compensation can include the following:

• Carpal Tunnel
• Concussions
• Heart attacks on the job
• Strokes on the job
• Amputations
• Injuries from inhaling toxic chemicals
• Closed head injuries
• Paralysis
• Burns
• Spinal cord injuries
• Abrasions
• Electrocution
• Puncture wounds
• Post Traumatic Stress Disorder (PTSD)
• Pulmonary conditions
• Back injuries
• Neck Injuries

Minnesota Workers Compensation Benefits:

Minnesota’s workers comp insurance provides a variety of different types of benefits to injured workers and can include medical benefits, wage loss compensation (permanent partial disability, permanent total disability, temporary partial disability, and temporary total disability), death benefits and vocational rehabilitation benefits.

Medical Benefits

Medical benefits may be provided to Minnesota workers who are injured on the job. Medical benefits are provided without monetary or time limitations. Minnesota workers who are injured may receive medical benefits at no cost to themselves for the following services: hospital stays, rehabilitation, physical therapy, dental visits, prescribed medications, medical supplies and laboratory services.

Under most circumstances, the Minnesota employee can choose their own treating physician and change physicians as needed, but talk to your employer before any physician choices are made.

Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are paid to Minnesota workers who are temporarily unable to work due to their work injury. TTD benefits are paid after a waiting period. The TTD benefit payment amount is paid at 2/3 of the employee’s gross average weekly wage at the time they were injured. TTD benefits are not paid indefinitely. Minnesota employees who suffered a work injury after October 1, 2008, will be paid up to a maximum of 130 weeks.

TTD benefits will stop when either the maximum number of weeks has been reached, the employee is not taking part in vocational rehabilitation, the worker returns to their current job or they have found a new job.

Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits (PPD) are paid to Minnesota workers who have lost permanent and partial use of certain body parts after their Minnesota work injury. Minnesota workers’ compensation has developed a schedule for different types of permanent injuries.