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.

Two longstanding precedents–including landmark workers’ comp case–’should be overruled’

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There’s times for almost any attorney who enjoys litigation when the best feeling in the world is to win a big court case for a deserving client.

Sometimes, though, the best thing a lawyer can do for a client is to negotiate a good, solid settlement and keep the case out of court. It’s sad to say, but sometimes the merits of a case may not “matter” as much as political sway–take the ruling by the US Supreme Court calling a corporation a person, thereby opening the floodgate to campaign finance as a  gluttonous abandon never envisioned by the Founding Fathers.

Supreme Court overturns 20 years of ‘established law’

According to a Texas consumer activist group, such a ruling was recently handed down by the Texas Supreme Court:

In a major opinion today, the Texas Supreme Court overturned more than 20 years of established law to protect workers’ comp insurance providers from claims by injured workers.  In the opinion, Texas Mutual Insurance Co. v. Timothy J. Ruttiger, the Court ruled that injured workers who have been subjected to bad faith claims handling by their workers’ comp insurance provider are not protected by the Texas Insurance Code’s provisions against “unfair settlement practices.”

“Once again, the Texas Supreme Court is upending established law, ignoring the legislature’s clear intent, and overturning its own precedents to shield big insurance companies from responsibility to hard working Texans,” said Alex Winslow, executive director of the citizen advocacy group Texas Watch.  “Today’s decision allows insurance companies to purposely deny, delay, or underpay legitimate claims without fear of penalty or public accountability.”

Workers in Texas already face significant obstacles to accountability following a workplace injury.  Workers are already forced into a broken and inadequate comp system that severely limits their legal rights and oftentimes does not provide adequate benefits.  The Court’s decision today further restricts the ability of workers to be fully and promptly compensated for their injury.

Carrier calls Rutigger decision a win for employers

According to an Aug. 26 press release from Texas Mutual:

The Court reversed the Houston Court of Appeals and rendered judgment that Mr. Ruttiger take nothing on his Insurance Code and Texas Deceptive Trade Practices Act claims.

Justice Phil Johnson wrote in strong terms that a bad faith cause of action is inconsistent with the current workers’ compensation system.

“[If the plaintiff were to prevail, the precedent would build] additional costs into the system by increasing litigation expense to employees, insurers and employers,” Justice Johnson wrote. “The way the dispute was resolved after Ruttiger initiated the dispute resolution process is the way the Act is designed to function.”

The company’s position is further spelled out:

“The Texas Supreme Court has today given careful consideration to the many speedy remedies and protections that the Legislature has granted to injured workers,” Mary Barrow Nichols, General Counsel and Senior Vice President for Texas Mutual, said. “It found that permitting an injured worker to additionally recover with a lawsuit of this kind is inconsistent with these remedies and protections. This decision is a significant victory for Texas employers.”

Majority cites Legislature’s position in reform

A summary of the case at jdsupra.com sheds some light on what it terms a “ground-breaking decision.” First, pointing to one of the cases cited as basis to uphold the lower court’s finding (Aranda v. Ins. Co. of North America, 748 S.W.2d 210 [Tex. 1988]), the Supreme Court “majority would have overruled Aranda in section 5 of the opinion. Stating that “The [Workers Compensation] Act effectively eliminates the need for a judicially imposed cause of action outside the administrative processes and other remedies in the Act. Recognizing and respecting the Legislature’s prime position in enacting, studying, analyzing, and reforming the system, and its efforts in having done that, I conclude that Aranda should be overruled.” Aranda created a cause of action for breach of the duty of good faith and fair dealing between insurers and policyholders. Aranda itself was a workers compensation decision, and the cause of action has since expanded to other insurance policies in Texas.”

Adjuster conceded interviewing ‘only the employer’

The same account also adds some telling details of the original case: The “Ruttinger [case]  involved an investigation by a carrier that failed to follow what the adjuster admitted was a standard investigation. At trial, the adjuster admitted that he did not interview the claimant or his doctor, only the employer. The adjuster also admitted that he should have interviewed all three. The jury found that the carrier violated the Texas Insurance Code by failing to conduct a reasonable investigation. It also found a ‘knowing’ violation, leading to trebling of damages.”

Dissent also cites Legislature, saying it clearly intended to preserve limited GFFD claims

The Texas Watch piece includes some highlights of the dissent:

Chief Justice Jefferson (joined by Green and Lehrmann) dissented, noting precedent makes both Insurance Code and common law claims viable (AETNA Casualty & Surety Co. v. Marshall, 724 S.W.2d 770 (Tex. 1987), and Aranda v. Ins. Co. of North America, 748 S.W.2d 210 (Tex. 1988), respectively). After the Comp Act was overhauled in 1989, its express language clearly stated the Legislature’s intent to preserve limited GFFD claims. The Act is not an exclusive remedy with respect to carriers (see Tex. Labor Code §§ 408.001 & 416.001, et seq.). The Legislature, while aware of the cases cited above, did not override them, and nothing in the Comp Act overcame the Insurance Code’s plain language. Therefore, there is no reason to hold that Insurance Code claims are now precluded. The Legislature has not made the Comp Act exclusive with respect to extra-contractual claims, and the Court’s preemption is without merit.

So even the Chief Justice found no reason to block bad-faith finding. May not be a giant decision for employers per se, but it’s certainly huge win for insurance carriers. And it reinforces the need for “mere workers” to get representation as early as possible in a workers’ comp case that may need litigating.

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

On August 25, 2011, a preliminary report from the Bureau of Labor Statistics’ National Census of Fatal Occupational Injuries was issued by OSHA. The report stated that 2010 workplace fatalities failed to decrease substantially from those of 2009.

Secretary of Labor Hilda L. Solis had the following thoughts on the matter, “No worker should have to sacrifice his or her life to earn a living. An average 12 workers die on the job every day, and that reality continues to drive the work of the Labor Department.

When the Occupational Safety and Health Act was passed in 1970, the National Safety Council estimated that 14,000 workers died each year on the job. Now, with a workforce that has doubled in size, the annual number of fatalities has dropped significantly. But it’s not enough. We cannot relent from our enforcement of laws that keep our nation’s workers safe. One worker killed or injured on the job is one too many.”

Solis continued by emphasizing the Department of Labor’s mission to ensure that safety is not sacrificed as America’s workers provide for themselves and their families. “My constant focus is good jobs for everyone,” she said, “and safety is an essential part of that equation.”

Worker’s Compensation in Texas

Many injured Texas workers do not realize they have the right to free assistance from the Texas Office of Injured Employee Counsel. Local assistance is offered in offices across the state of Texas and provides workers compensation services from the Texas Department of Insurance (the agency that administers the system through the Division of Workers’ Compensation).

How do you contact the Office of Injured Employee Counsel? They can be reached by calling 1-866-393-6432. They also have a website that provides additional information (www.oiec.state.tx.us).

Types of Workers Compensation benefits in Texas

The Texas Labor Code (TLC) Section 408.081-408.187 identifies the types of workers compensation benefits which are provided to injured workers including income benefits, medical benefits, burial benefits and death benefits.

Medical benefits can provide necessary medical treatment for injured workers for work-related injuries. Income benefits provide income replacement benefits for the worker. Death benefits provide the family of the deceased with compensation for specific family members and burial benefits provide payment for
funeral expenses.

Hiring a Workers Compensation Lawyer in Texas

Although many workers are able to settle their Texas workers’ compensation claim without the help of a Texas work comp lawyer, many workers with serious or permanent injuries may need help.

Employers and insurance companies, who have their own work comp attorneys, may be less interested in ensuring you get the medical benefits you need and more eager to save costs and close your Texas workman’s comp claim.

Texas workers comp attorneys understand the complexities of workman’s comp laws in Texas and can help if you have been denied work comp benefits, suffered discrimination, have been fired from your job or offered an impairment rating that does not fully compensate you for your workplace injuries.

Some things to consider before hiring ‘day help’

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Today, let’s start off smallish in topic and end up biggly, as in Texas, in the next episode.

Disinformation, misinformation & real information

It’s kind of amazing, in some kind of degree, what you might kind of run across on the Internet, when what you really need instead is good, solid information.

Our first two cases are from California, the first involving unemployment as well as workers’ comp from a homeowner’s perspective; the second involving, again, both unemployment and workers’ comp–but from a worker’s perspective. These are from an “ask-an-attorney” Web site. On to the first case:

‘Off-the-book’ workers draw scrutiny in NY; Connecticut shuts down jobsites over lack of coverage, other payments

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A general trend of reduced costs for workers’ comp costs may be good news for employers, but the long-term implications are disturbing because the reduced costs trace to reductions in the workforce. In other words, unemployment is so bad that fewer workers need to be covered by workers’ comp.

NASI report based on 2009 jobless data–which, let’s face it–ain’t changed much since then

As described in an Aug. 17 piece in EHS Today, “According to a report released Aug. 16 by the National Academy of Social Insurance (NASI), workers’ compensation coverage and costs to employers have declined, a trend that likely can be attributed to the nation’s unemployment levels.

“The report, ‘Workers’ Compensation: Benefits, Coverage and Costs, 2009,’ reveals that the number of employees covered by workers’ comp dropped 4.4 percent in 2009, the most recent year with complete data available. Employer costs for workers’ comp benefits, meanwhile, declined by 7.6 percent.

“ ‘As one might expect, when the Great Recession hit, employers paid less in workers’ compensation costs because there were fewer workers to cover,’ said John F. Burton Jr., chair of the panel that oversees the report.”

‘Largest drop in two decades’

Says Insurance Networking News about the report: “The number of workers covered under worker’s compensation decreased by 4.4 percent in 2009, the largest drop in such coverage in two decades, according to the report. Meanwhile, benefits coverage increased by 0.4 percent, which can be attributed largely to carryover from workers injured in previous years; specifically, benefits covered by private carriers increased by 0.3 percent.

“The drastic drop-off in worker’s being covered reflects the heavy impact the recession had on employment in the construction industry, where worker’s compensation is most likely to be incurred. According to the report, the 19 percent dip in employment suffered by the construction industry made it the “hardest hit industry” between 2008 and 2009.”

Cost per $100 of payroll termed ‘lowest in past 30 years’

The Business Courier (Cincinnati, OH) also quoted Burton, and reports that medical care costs declined:

“Although the drop in employer costs represents the biggest decrease in the last two decades, benefits increased slightly by 0.4 percent to $58.3 billion, reflecting in part benefits provided in 2009 to workers injured in prior years.”

Among other statistics, payments for medical care declined for the first time in a decade by 1.1 percent to $28.9 billion, although they continue to make up roughly half of total workers’ compensation benefits.

Employers paid $73.9 billion nationwide for workers’ comp, with a cost of $1.30 per $100 of payroll, the lowest in the last 30 years.

Dealing with companies that dodge the law

Well, at least workers’ comp haven’t gone up because of unemployment. Of course, it’s fairly likely that a number of able-bodied workers are “ratting-in” jobs not only off the books but also working without any kind of protection against job-related injury or illness.

County in NY riled up about ‘off-the-book’ contractors; considers ‘registry’ for compliance–yet, state seems to have info on its Web site, already

In fact, an Aug.17 piece in The River Reporter (SW New York, near the corner shared with New Jersey and Delaware) addresses exactly that issue:

Contractor Patrick Murtagh estimates that there are hundreds of construction employees who work off the books every season in Sullivan County.

Murtagh paid a visit to the Sullivan County Legislature on August 4, and listed various reasons that employment laws should be enforced. Murtagh, who has three year-round employees, pays their workers’ compensation, half of their social security, Medicare, unemployment insurance and New York State Disability Insurance. His employees pay federal and state taxes, social security and Medicare.

Contractors who don’t pay these various state and federal costs can charge lower rates for work, and make it hard for the contractors who do work by the rules to survive.

There was a suggestion that the county could set up a registry where contractors who provide proof that they carry all the necessary coverage could be included, thus the public would know which contractors are abiding by NYS employment rules.

The point about “a registry” seems worth exploring, except the same article also says homeowners worried about uninsured workers “can determine whether a contractor is covered by workers’ compensation by going to www.wcb.state.ny.us and clicking on Insurance Carriers, and then clicking on ‘Does Employer Have Coverage,’ and following the prompts.”

Connecticut slams gate on ’19 companies at six construction sites’

In Connecticut, officials apparently can trace workers’ comp scofflaws easily enough to not only assess fine but also to shut down jobsites. According to an Aug. 17 report at Bloomberg:

Connecticut labor officials said Wednesday that they have recently halted work by 19 companies at six construction sites in Westport.

The state said the firms misclassified workers as independent contractors to avoid workers compensation and other payments.

Gary Pechie, director of the Department of Labor’s division of wage and workplace standards, said the companies face a daily fine of $300 for each day they fail to carry workers’ compensation coverage as required by law.

103 stop orders in six months

Hartford Business says the alleged intent “was to avoid employment obligations such as unemployment taxes, payroll reporting and workers’ compensation.

“The division issued stop work orders from July 25 to  Aug. 5 at the six Westport sites — halting all construction — and issuing civil penalties of $300 per day for each day a company did not carry workers’ compensation coverage.

“Over the past six months, the division says it has issued 103 stop work orders and collected $81,110 in civil penalties for the misclassification of 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