New book offers hope for workers’ comp reform; don’t let an initial partial impairment rating stop you–if you deserve a total impairment rating, Fight Back!

Once you’ve hired a trained, experienced workers’ comp attorney, you probably won’t feel like reading a book on the subject.

Then again, it never hurts to know more about a subject that crucially affects your life–if you or a loved one have been injured and you’re fighting to receive proper treatment and benefits, the more you know, the better.

Workers’ comp reform a nationwide issue

Across the country, almost every state is looking at ways to revamp its workers’ comp system…or else they’ve recently enacted some level of reform. A Sept. 26 press release at insurancenews.net heralds a new book entitled “How to Save Big on Workers’ Compensation: With Insights from Leading Industry Experts,” written by Adam Friedlander, president of Friedlander Group, Inc., a workers’ compensation company for retailers, wholesalers, restaurants, hotels/motels and oil dealers in New York.

‘Creating a culture of caring’

According to Friedlander, “creating a culture of caring for employees’ well-being is the single most important step in saving money on workers’ compensation.”

Sounds good to us–seems like all too often that “reform” actually translates to less benefit and less choice for the injured worker. So we’re happy to read that the book is:

A digestible guide for businesses large and small, human resources professionals and the insurance community, [in which] Friedlander offers actionable, money-saving ideas that enable employers to operate at optimal levels. “How to Save Big on Workers’ Compensation” features exclusive interviews with leading industry experts, including Larry LaPointe, former director of the Division of Confidential Investigations at the New York State Insurance Fund (NYSIF); Ed Hiller, director of Claims and Medical Operations for NYSIF; Brian Mittman, the managing partner of Markhoff & Mittman, a law firm that helps injured workers; Robert Firmbach, a veteran loss-control and safety expert; Eileen Preiato, the Friedlander Group Claims Solution™ manager; and Cosmo Preiato, executive vice president of Friedlander Group and head of Safety Group Underwriting and Operations.

The book also features success stories from a variety of businesses—restaurants, hotels, retailers—that detail their individual culture of caring and safety, which has ultimately led to increased productivity and profits.

A ‘lightning rod’ even though in big picture its costs are small

“Workers’ compensation is a lightning rod for many employers” says Friedlander. “In comparison to payroll, rent and health insurance costs, workers’ comp is small. Nonetheless, most employers have a negative reaction to this expense. They believe workers’ comp is another tax and overregulation. Some don’t believe that employee claims are legitimate. The truth is that the costs to an organization generated by injured employees extend far beyond increased premiums. My book helps business owners realize that all claims are not beyond their control. Where safety is an integral part of the business culture, there are fewer claims, less fraud and lower premiums. Employers need to understand that their employees are their greatest asset. Can you win your World Series without your team working optimally?”

More power to Mr. Friedlander–if he can help states lower costs and lower the rate of injured workers–while affording proper care to those who do get injured, well, lets just say we hope all the proper authorities get a copy of this book.

Total vs. partial impairment ratings

From yet another press release, this from a “presswire” outfit called World News Report, a piece that asks a question heard in many workers’ comp attorneys’ offices: “How long can I receive total disability workers’ compensation benefits?”

Questions, issues faced by workers in every state

The PR is geared toward injured workers in Pennsylvania, but it raises questions and addresses issues common to workers’ comp system nationwide:

It’s a common question among injured workers in Pennsylvania. Broadly speaking, the answer is quite simple: there is no limit on the amount of time an injured worker may receive total disability benefits.

However, when it comes to seeking longer-term benefits for total disability, the devil’s in the details. Many workers’ compensation recipients face a substantial stumbling block in the form of an Impairment Rating Evaluation (“IRE”).

The Pennsylvania IRE Process

In Pennsylvania, after an individual has received total disability payments for 104 weeks, the workers’ compensation insurance company providing benefits can request him or her to attend an IRE. Although the term “request” is used in the Pennsylvania Code, injured workers functionally have no choice but to comply: failure to attend the IRE can result in the insurer attempting to suspend benefit payments.

At the IRE, a doctor selected by the Pennsylvania Bureau of Workers’ Compensation will examine the injured worker and thoroughly review his or her medical records. Then, based on American Medical Association guidelines, the doctor will express the workers’ level of impairment from their on-the-job injury in terms of a percentage (an individual with a 0 percent rating would face no difficulty in completing day to day activities, while someone who received a 50 percent or more rating would have significant trouble with commonplace tasks).

Long-term effects of partial rating

The article goes on to explain that an impairment rating of 50 per cent of more presumes an injured worker to be totally disabled. If the totally disabled worker never recovers, lifetime benefits ensue. However, a lower rating may allow the insurance carrier to rate the worker as “partial” rather than “total.” Although the amount of weekly benefits does not change, the partial rating can have serious long-term implications.

“A partial disability designation has a devastating effect on the receipt of long-term workers’ compensation benefits. Although the amount of weekly workers’ compensation payments will remain the same for a worker whose disability status has been reduced to partial, benefits for partially disabled workers last for a maximum of 500 weeks (about nine and a half years).”

Rating can be appealed

The good news? That rating can be appealed, and if the status should be “total impairment,” it should be appealed. The message: “Don’t let the full workers’ compensation benefits you deserve slip through your fingers.” In other words, find a good, thoroughly competent attorney who knows the ins-and-out of the system and have them fight for rights.

We can help you find an attorney

As these cases demonstrate, 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

First of a two-part exam of current USA workers’ comp issues

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We’re taking a two-part look at the various–and varied–news from the sometimes complex world of worker’s comp in the USA. As a worker in the United States, you need to be aware of the workers’ comp laws of your state, and if you travel for work, of the variations that exist among the states. For example, Texas in the main does not require employers to purchase workers’ comp insurance.

Of course, that does leave those employers open to lawsuits from injured workers.

After all, that’s the trade-off: If your employer is covered, then you are covered. If injured on the job, under workers’ comp rules, you’re supposed to have access right away to medical treatment. If injured badly enough that you can’t work, you are eligible for other benefits, sometimes including long-term disability awards.

The problem is, for some reason (namely $$$), no one has yet crafted the perfect system that is immune to schemers and scam artists:

• some workers fake injuries and draw benefits while lying around doing nothing
• some workers not only fake injuries and milk the system but also take on new work and get double-pay
• some medical providers don’t provide adequate treatment, yet bill insurance carriers as if full treatment was provided
• some medical providers convince patients to undergo unnecessary treatments, in order to pad the bill
• some insurance providers routinely deny the first claim, simply because they can
• some insurance providers routinely deny the re-submission of the first claim, under a “code designation” that, when it’s traced out, amounts to this: “We denied the re-submission because the first claim was denied.”
• some overseerers of state workers’ comp agencies are either:
  • corrupt, or
  • totally inept.

That being said, let me dig into my penultimate post on USWORKERSCOMP.COM.

From a Sept. 27 post at Futurity.org, we see the hed “Claims fall as workers’ comp premiums rise“:

While the number of claims for workers’ compensation have dropped during the past two decades, premiums have continued to rise.

A new study shows higher premiums are associated with decreases in the Dow Jones Industrial Average and interest rates on U.S. Treasury bonds. Findings are reported in the September-October issue of Public Health Reports.

“Insurance companies appear to have been setting premiums according to their returns on the stock and bond markets, not according to the number of claims they have,” says J. Paul Leigh, professor of public health sciences at the University of California, Davis, and senior author of the study.

“They invest because they need a financial cushion to pay for claims and, if they lose, raise premiums to recoup their losses.”

Understanding workers’ compensation trends is important so policymakers can establish regulations that protect workers and contain costs, says Leigh, who notes that, in 2009, between 3 and 4 million cases of job-related injury or illness were recorded and costs to employers were close to $74 billion.

In conducting the study, Leigh and UC Davis postdoctoral scholar Abhinav Bhushan examined U.S. Bureau of Labor Statistics data on incidence rates for injuries and illnesses, along with data from the National Academy of Social Insurance on workers’ compensation costs (to employers) and benefits (to workers and medical providers) from 1973 through 2007.

If that’s not enough to make you want to hire an experienced, trained workers’ comp attorney, consider this, from a Sept. 26 piece at The Lane Report:

Kentucky employers will see a significant reduction in their annual assessment for Workers’ Compensation insurance premiums beginning Jan. 1, 2012. The move was approved by the Workers’ Compensation Funding Commission Board of Directors this week.

“This action by the commission means Kentucky employers will realize an estimated $3 million in savings, which is great news as Kentucky companies continue to recover from the recent economic turndown,” said Dwight Lovan, commissioner of the Department of Workers’ Claims.

Specifically, the Special Fund rate for all employers will be reduced by 3.4 percent (from 6.5 percent to 6.28 percent) – the first reduction since 2006 and the lowest rate since the funding commission was established in 1978. Coal company employers had paid an additional 0.5 percent that has been eliminated for the coming year, placing the coal industry’s assessment equal to that of all other Kentucky industrial groups.

The reductions were possible because actuarial projections reflect that sufficient funds will be available to cover all costs and meet the statutory deadline to fund all liabilities.

The assessments were established by the General Assembly to pay previously outstanding Special Fund claims, fund the Coal Workers Pneumoconiosis Fund and the Uninsured Employers Fund. Additionally, the monies generated also fund some operations of the Labor Cabinet.

I don’t know about you, but anytime I see a report like this from the mining industry? I get questions.

A second, legal opinion seems in order to me…

Workers’ comp, National Roundup continues in Part 2.

We can help you find an attorney

As these cases demonstrate, 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

Judge rules against former Bears; fired arbitrators linger on payroll

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The ‘Bengals’ Situation,’ revisited

We’ve been following the so-called “Bengals Situation,” most recently in this July piece, in which injured, former NFL players file for workers’ comp benefits in California rather than in the home states where their teams were based. California law allows more generous benefits than many other states, and professional players qualify by having played one game in California.

The NFL and team owners have been described as desperate to keep claims in the various teams’ home states, and for the recent negotiations with the players resulted in them retaining the right to seek benefits outside the teams’ home states.

Pair of ex-Bears denied access to Golden State system

However, two former players for the Chicago Bears have been ruled against in their quest for benefits from California. According to a Sept. 28 account at Courthouse News Service, “Three former Chicago Bears players must face an arbitration award entered against them and may not file workers compensation claims in California, a federal judge ruled.

“In 2009 and 2010, former Bears players Michael Haynes, Joe Odom, and Cameron Worrell filed claims for workers’ compensation benefits pursuant to the California Workers’ Compensation Act.
“The Chicago Bears and the NFL filed a grievance, alleging that the players violated their individual contracts by pursuing their claims in California rather than Illinois. The matter proceeded to arbitration, where the arbitrator found that the contracts provided that all workers’ compensation claims be decided pursuant to Illinois law.”

In April, the team and the league filed to enforce the arbitration award; the players association filed to vacate the award.

Judge slams door, keeps issue in Illinois

Ruling in favor of the arbitration findings, U.S. District Judge Elaine Bucklo found the contracts between the team and players to clearly restrict workers’ comp actions to Illinois. ” ‘I am left to wonder why, indeed, we are concerned with the public policy of California,’ Bucklo said, after noting that the Chicago Bears are located in Illinois, the players played football primarily in Illinois, and that the contracts were signed in Illinois and contain an exclusive Illinois choice-of forum provision.”

Workers’ Comp Commission scandal

Another story we’ve been following is the scandal within the Illinois’ workers’ comp system itself. The Belleville News Democrat (BND) has reported a series of articles and editorials about the numerous problems within the Illinois Workers Compensation Commission. Hearings have been held, investigations launched, employees suspended and even fired.

Fired arbitrators still getting checks weeks after getting canned

Our latest post concerned yet another questionable situation at the Menard Correctional Facility, and BND reported in September that 30 arbitrators who were fired in July remained on the job, collecting paychecks:

Trade group’s report says lost-time claims increased 3% from 2009 to 2010

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Washington L&I department signs memo with U.S. Labor Department

A Sept. 26 piece at a Washington State news site says, “The Washington State Department of Labor & Industries <http://www.lni.wa.gov/> strengthened its commitment to fighting the underground economy Sept. 19 by signing a memorandum of understanding with the U.S. Department of Labor, partnering in the battle against improper classification of employees.

Targeting ‘misclassification of employees’

“According to a press release, the agreement allows the Labor Department to share information with L&I in order to better target the misclassification of employees.”

We’ve reported on similar trends elsewhere, particularly in Connecticut and California. In Connecticut, authorities shut down six jobsites involving 19 companies.

Practice cheats honest companies and endangers workers

Authorities in Washington say such practices injure honest businesses and contractors–and can be dangerous for workers. “Employee misclassification occurs when an employer classifies and treats a worker as an independent contractor even though legally the structure and circumstances of the relationship means the worker is an employee, according to the press release from L&I.

“Employers who misclassify their employees as independent contractors avoid paying unemployment taxes and workers’ compensation insurance premiums.  This allows these employers to undercut their competition and make it harder for legitimate businesses to compete.

“The worker is also harmed by this underground economy, says L&I officials.

“ ‘When employers fail to pay workers’ compensation and unemployment insurance premiums on their worker’s behalf, it is harder for the misclassified workers to collect the benefits they deserve if they are hurt on the job or laid off,’ said Schurke. ‘Misclassified workers also may not be paid the minimum wage and overtime they are owed by law.’ ”

Reform cited as cause for lower premiums

State officials also believe recent “reform” legislation is responsible for lower workers’ comp rate hikes this year. According to a Sept. 25 item at Insurance & Financial Advisor, “The Washington State Department of Labor & Industries (L&I) today proposed its lowest workers’ compensation rate increase in five years.

“The state agency is proposing a 2.5% increase, far lower than the 10% to 14% hike that would have occurred without state reforms to the system passed in the last legislative session.

“ ‘We recognize the impact of painfully slow economic growth, and this proposal balances that with the needs of the workers’ comp system,’ L&I Director Judy Schurke said in a statement. ‘The reforms passed this year had the effect they were designed to – now and into the future.’

“The legislative reforms are expected to save $1.1 billion over the next four years.”

A Sept. 26 piece in the Kitsap Peninsula Business Journal explains more about the savings: “Over the past three years, L&I used $332 million from the State Fund reserves to partially fund the premiums for employers and workers, holding down rates during the recession. This has significantly reduced the reserves, which are critically low by industry standards.

” ‘This proposed increase is a small step toward rebuilding the state’s workers’ comp reserves. Although the workers’ comp trust funds remain solvent, we recognize the need to ensure the funds are protected in the event of a further economic downturn,’ Schurke said. ‘This is consistent with past reports from the State Auditor.’

“L&I will work with the Workers’ Compensation Advisory Committee, representing business and labor, on a multi-year plan to rebuild the reserves.”

In other recent announcements, a new report says workers’ comp lost-time claims increased in 2010 over levels reported in 2009.

NCCI reports rise in lost-time claims

A Sept. 26 piece at Property Casualty 360 says, “Workers’ compensation lost-time claims increased 3 percent last year, the first increase in such claims since 1997, the National Council on Compensation Insurance, Inc. reports today.

“The Boca Raton, Fla.-based association released its 2011 Workers Compensation Claim Frequency report saying the Great Recession of 2007-2009 may have had an impact on workers’ compensation claims frequency.

“NCCI says the 3 percent increase, which was adjusted to reflect economic factors, marks the only the third time in 20 years that frequency has increased.

“Prior to this year’s increase, the report says, claim-frequency rates had fallen more than 56 percent, at an average decrease of over 4 percent a year.”

Report ties Great Recession to workers’ comp effects

In it’s PR about the study, NCCI reports ties to the Great Recession–and also finds a bit of a silver lining: “Several factors related to the recession have had a considerable influence on claim frequency. Claim frequency for workers compensation injuries increased 3% in 2010, marking the first increase since 1997. Although claim frequency is up, the good news is that NCCI’s latest data reveals that the growth in average indemnity and medical cost per claim slowed in 2010.”

The group also said, “A number of recession-related factors may have put upward pressure on the AY 2010 frequency measure, including an increase in new hires as the recovery began to take hold and a possible influx of small lost-time claims that may have been medical-only claims in previous years.”

We can help you find an attorney

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

What is workers compensation? It is an insurance program which provides injured workers with compensation for their work-related injuries. Unlike other type of insurance programs, workman’s comp is a no-fault program, and the worker does not have to prove that their work injury was caused by the negligence of another person or company.

Not only are medical expenses covered, certain workers will be entitled to wage replacement compensation which they have lost because they are not able to work. Given the benefits of this type of insurance program, it is no wonder that some dishonest workers target this program and attempt to get compensation when they have not actually be injured on the job.

What is workers’ compensation fraud? It can include a variety of illegal activities. For instance, workers may simply exaggerate their work injuries or fake them altogether or doctors and lawyers may work with claimants to entice them to cheat the system by filing fraudulent California workers’ compensation claims. The cost of the fraud is than passed onto the taxpayers and the American public. Fraud can also include insurance fraud (crimes of intentional misrepresentation of payrolls).

Did you know that in California in 1991 the Workers’ Compensation Fraud Program was established through the passage of Senate Bill 1218 (Chapter 116). This bill made workers’ compensation fraud a felony and required all insurance companies to immediately report fraudulent activities to the Fraud Assessment Commission so they could investigate the level of the fraud and prosecute the guilty parties.

Who funds this commission? It is the employers of the state of California who are required by law to insure their employees. So how prevalent is workers’ compensation fraud in California? In 2009- 2010, the California Fraud Division reported that there were 5,728 SFCs, they assigned 754 new cases, made 269 arrests and referred 280 submissions to prosecuting authorities. Potential loss amounted to $1,150,136,727.

Has the Workers Compensation Fraud Program been Successful in California?

California had done studies which suggest their more aggressive anti-fraud campaigns have been successful. They claim that the task force, the D.A., California employers, and insurance companies have all helped to reduce workers compensation crimes and have helped to reduce workers’ compensation costs for employers.

Although most fraudulent activities are never identified or investigated, the District Attorney confirms that in 2009-2010 there were 682 arrests, the majority of which were made by the Workers Compensation Fraud Division.

Hiring a Workers Compensation lawyer in California

California workers can be injured performing a variety of jobs. Some workplace injuries may not be covered. For instance, if a worker is injured due to their own intentional or reckless action meant to cause injury, from flagrantly ignoring a standard safety precaution, while travelling to or from work or while intoxicated, California workers’ compensation may not be awarded.

California Work Injuries covered by Workers Compensation

What types of California work injury or occupations illnesses are generally covered? There are hundreds of common injuries which may be covered: back and neck injuries, carpal tunnel syndrome, hernias, strokes, fractures, bulging discs, heart attacks on the job, abrasions, burns, amputations, PTSD, torn rotator cuffs, and cancer caused by the working conditions.

If you have suffered a severe work injury you may be able to negotiate a fair settlement with the insurance company, but unfortunately, many companies and insurance companies may be more concerned with settling the work injury claim and less concerned about ensuring you get a fair settlement offer which will compensate you for your work injuries and replace your lost wages. Talk to a workers’ compensation lawyer in California today if you have been injured at your job.

According to CNN news, a fuel pipeline exploded in a densely populated Nairobi slum Monday morning. Homes were destroyed and the explosion killed at least 68 people and forced massive evacuations of the area. Red Cross officials continue to fear that leaked fuel may ignite additional fires or explosions.

The fire started at 10 a.m. Kenyan time. and although the accident is under investigation, preliminary reports indicate it may have been caused by individuals who were siphoning fuel from the pipeline in the Sinai slum. Prime Minister Raila Odinga indicated the incident could have occurred after a mechanism on the pipeline failed and fuel from the pipe spilled into the drainage ditch, where it then ignited.

Although 68 people have died so far, officials report the death toll could reach at least 100 as the rescue effort continues. Reports indicate that bodies were still floating in a nearby stream as late as Monday afternoon.

Unfortunately, many of the bodies were too hot to move and some of the dead were huddled near each other, leaving the details of the death toll hard to calculate.

According to Carol Nduta, a Kenya Red Cross emergency medical instructor and dispatcher who traveled to the scene, “Almost the whole place blew up,” she said, “although some structures were still smoking and burning Monday afternoon, the fire seemed to be mostly under control.

This explosion is said to be one of the worst “energy-related” disasters in Kenya’s history, although failures from fuel leaks tend to be common in the country. In 2009, for example, over 100 Kenyans died when they attempted to gather fuel from a tanker which had overturned and someone near the fuel spill lit a cigarette and started a fire.

Deputy Prime Minister Uhuru Kenyatta said the government will continue to investigate the accident and do their best to help the victims, indicating that as leaders, “we have a collective sense of responsibility [for the accident].”

Workers Compensation for Injured Workers

Although this accident occurred in a foreign country, other similar accidents have occurred in parts of the U.S. and injured American workers. For example, the April 20th explosion of the Transocean Deepwater Horizon rig, which killed 11 workers and imperiled marine life throughout the Gulf of Mexico, was another example of accidents which can happen at work. This explosion and many other similar work accidents are often caused by dangerous working conditions or companies failing to follow standard safety procedures.

What if you have been injured at work? Did you realize that you may be entitled to workers compensation if your work injury occurred during the course of your normal employment? Did you realize that you may be entitled to not only medical care but also permanent or temporary wage replacement benefits? If someone you loved was killed from a work-related accident did you realize you may be entitled to death benefits and burial funds?

Although many minor work comp claims may be handled without a workers compensation lawyer, if you have been severely injured or you have suffered permanent loss, contact a work comp lawyer for more information about the work comp laws in your state and whether or not you are entitled to payment for your work place injury.

Florida work group begins effort to corral ‘shell-company’ scheme

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Even though ultimately we strive here to provide equal access to all manners of workers’ comp issues, sometimes we just can’t help taking sides.

In other words, our basic premise is that injured workers need to be treated fairly.

That being said, we also realize that some workers try to game the system.

Shame on such workers, for they bring undue scrutiny and added costs to the system–which eventually mounts up societal costs not only in terms of the worker’s attempted scam but also allows critics to label the barrel rotten because of a few apples.

Another factor is the worker’s comp insurance carrier: They have their games, too.

As do medical providers–and sometimes even the workers’ comp officials, as has been so publicly revealed in Illinois.

Medicare paid $550,000 for worker stricken with cancer, but workers’ comp should have paid

An Ohio case shows just how far some people have to go to get justice. An Aug. 17 story at Cincinnati.com describes a couple’s lawsuit against three defendants over workplace-induced cancer, several surgeries and workers’ comp benefits to repay Medicare–which shelled out over half a million dollars for James Cliff’s treatment.

Apparently Cliff’s wife Delores speaks for him because he no longer has a larynx.

“He has no voice box,” she was quoted in the story. “They cut him from ear to ear.”

Employee at claims company altered ironworker’s documents

They filed the Monday suit in Hamilton County Common Pleas Court against her ironworker husband’s former employer, Fenton Rigging & Contracting of Pleasant Ridge; Roselawn’s Matrix Claims Management, the company they say handled workers’ comp claims for Fenton; and Crystal Nguyen, also known as Crystal Sikes, who was convicted of altering Cliff’s workers’ comp documents.

A call to Fenton was returned by an attorney who declined comment. A call to Matrix wasn’t returned. Nguyen, who worked for Matrix, couldn’t be reached.

Delores Cliff said her husband was an ironworker for 37 years and worked for Fenton at several local sites where he was exposed to chemicals and other contaminants that resulted in him contracting throat cancer requiring several surgeries.

Case was won in June 2010

At first, Medicare paid for treatments and surgeries. Later Medicare “required the Cliffs to file a workers’ comp claim because he contracted cancer due to his job. Cincinnati attorney Harry McIlwain Jr. helped the Cliffs win their workers’ comp case in June 2010.”

The rigging company had hired Matrix Claims Management to administer its workers’ comp claims. Incredibly, the Matrix employee named as co-defendant attempted to forge documents after missing a deadline to appeal the workers’ comp ruling.

Nguyen, 29, initially was charged with forgery, tampering with records and telecommunications fraud. She cut and pasted part of a different person’s workers’ comp claim to Cliff’s claim to make it appear as if she’s appealed the decision on time, a spokesman for the Ohio Attorney General’s Office said Wednesday.

In March, Nguyen accepted a plea deal. She pleaded no contest to and was convicted of telecommunications fraud for faxing the altered documents. In exchange, the other two charges were dismissed. She was placed on probation for two years by Common Pleas Court Judge Beth Myers.

The Cliffs have fought since they won the workers’ comp case to get bill collectors seeking reimbursement for his medical bills to leave them alone.

Maybe punitive damages will allow couple to stay in home

Beyond the husband’s condition and the medical bills, says the story, the couple also care for a daughter with special needs as well as two grandchildren.  Plus, they fear losing their home.

The suit aims to force the co-defendants to reimburse Medicare and pay punitive damages.

State CFO leads effort to stop abuse of Florida system

Workers’ comp fraud is so bad in Florida that CFO Jeff Atwater is leading a task force to end the practice of using “shell companies” in a workers’ comp scheme that seems to be flourishing in the construction industry. The group includes law enforcement, state officials and trade groups.

According to an Aug. 30 piece at Insurance Journal, “officials held the first meeting of a working group to investigate the role of check cashing companies with an eye on developing legislative recommendations to be considered year.

“Atwater said the various check cashing schemes are becoming endemic around the state and hurting both employers and injured workers.”

An Aug. 26 account from The News Service of Florida explains:

Shell companies enable bypassing of legit policies

The schemes center on people who create shell companies that are used to buy minimal workers-compensation insurance policies. With the policies in hand, operators of the shell companies then hook up with construction sub-contractors who need workers-compensation insurance to get jobs — but don’t want to buy it.

The shell-company policies are used to get what are known as “certificates of insurance,” which are sent to general contractors as proof of coverage. The sub-contractors are purported to be employees of the shell companies, which allows the sub-contractors to get the jobs.

When construction jobs are finished, general contractors write checks to the shell companies. Those checks are taken to money-services businesses, with the sub-contractors getting paid in cash and the operators of the shell companies taking a cut for providing the insurance certificates.

Authorities said Thursday that operators of money-services businesses also are often part of the scheme, as the shell companies typically provide the certificates to numerous sub-contractors. The businesses get a cut for cashing large numbers of checks and going along with the fraud.

Authorities want to prevent premium hikes on legitimate operators as well as head off confusion over payments or treatment for injured workers.

We can help you find an attorney

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

According to the Associated Press, a construction crane fell at the National Cathedral yesterday in Washington, D.C., as repairs were made to the Cathedral. No injuries were reported.

The repairs were needed due to damage caused by earthquakes in August which shook the entire area, damaging three of the cathedral’s main spires. The accident occurred as Construction crews were lifting steel I-beams to the roof area where the earthquake damage occurred. The news reports that the 500 foot cranes had been extended a full 350 feet into the air at the time they collapsed.

Timothy Gerhart, assistant chief of operations, DC Fire and EMS, reports, “As they were returning to take more steel I-beams up there, the crane somehow malfunctioned and collapsed.”

Spectators could see the mangled remains of the collapsed yellow crane which had crushed several cars at the site, none of which were occupied at the time of the incident. The cab of the crane also stood at a ninety-degree angle into the air.

According to a cathedral spokesman the cars were smashed and part of the Herb Cottage was also damaged. The spokesman also noted, “It came very, very close here to the offices of the bishop. But no one was in either of those buildings.”

The crane accident postpones the re-opening of the cathedral which was planned this weekend for special services that were set to honor victims of the September 11, 2001, attack at Ground Zero. No word yet on when the cathedral plans to open.

Work Injuries and Workers Compensation

Although no workers were injured when the crane collapsed at the National Cathedral, many workers are injured each year in similar work accidents or from unsafe working conditions.

Did you know that if you are injured in a work accident you may be entitled to workers compensation benefits? Injured workers will receive medical compensation which is generally paid for the duration of the workplace injury and has no monetary limits (in most states).

If your work injury keeps you from working you may be entitled to wage loss compensation which can include temporary total disability benefits which are paid as a percentage of your income while you recover from your workplace injury (most states have limits for the minimum and maximum amount of temporary total disability benefits paid).

You can also expect workers’ compensation benefits if you suffer a partial or total permanent loss. Permanent total disability benefits are paid for the remainder of your life (in most states) or until a worker is able to return to work. Partial permanent benefits are paid (in most states) according to a schedule, and the amount and the length of time the benefit is paid is different depending on the severity of the workplace injury.

Vocational rehabilitation may also be allowed if you are unable to return to your previous job. Vocational rehabilitation varies by state, but it may allow you to receive job counseling, job assessments, and job re-training.

Hiring a Workers Compensation lawyer

If you have been injured and you cannot work, do not wait to get the help you need from a workers comp attorney. State laws can vary, and many companies and their insurance company will be less concerned about making sure you get the benefits you need and more interested in closing your work comp case. Talk to a workman’s comp lawyer today.