Understanding the Alabama Workers Compensation System

Alabama workers’ compensation benefits provide payment for benefits including medical and lost benefits for workers who suffer occupational health problems or who are injured on the job. Compensation and the necessary medical care are generally limited to personal injuries which occur during the course of employment. If the worker is killed from a work injury, compensation may also be extended to the dependents of the worker.

Injured employees do not have to prove the employer is at fault for their Alabama work injury to receive compensation, but workers compensation does limit the employee’s ability to sue the employer (unless the employer denies workers’ compensation benefits). Alabama workman’s compensation is viewed as a compromise, limiting the worker’s ability to sue while providing compensation for work injuries.

Employees may forfeit their right to Alabama workman’s compensation by willfully injuring himself or others, or using illegal drugs or alcohol. More information can be found in the Code of Alabama, with supplements, beginning with Volume 15, Section 25-5-1.

The Workers’ Compensation Division in Alabama is responsible for managing workers compensation in the state of Alabama. Their duties include: compliance inspections, compiling injury and cost statistics, safety promotion, auditing and enforcing claims payments and settlements, dispute resolution, and regulating costs.

Alabama Workers’ Compensation Insurance Options

Most private employers in the state of Alabama who employ more than four full or part-time workers must provide workers’ compensation coverage (exceptions exist in Code of Alabama 1975, § 25-5-50(a)).

Employers have several options for purchasing Alabama workman’s comp insurance including:

  • Workers’ compensation purchased from a commercial workers’ compensation carrier.
  • Workers’ compensation purchased through an Assigned Risk Pool.
  • Workers’ compensation purchased through a group self-insurance fund.
  • Workers’ compensation purchased through a self-insured plan. Under this plan the workers’ compensation coverage is assumed by the company. The company must meet the qualifications outlined in under Alabama’s Workers Compensation laws.

Work injuries and conditions covered under Alabama Workers’ Comp Law

Alabama workers’ compensation laws specifically cover work injuries which “arise out of and in the course of employment”. This can include not only work related injuries but also occupational diseases that were “caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of exposure over a period of time to the normal working conditions of such trade, process, occupation or employment”.

Although employers are required to provide adequate training to reduce or eliminate work injuries, regardless of training or the safety precautions, work injuries do occur. Common work injuries can include: back and neck injuries, burns, abrasions, heart attacks, carpal tunnel syndrome, amputations, and diseases caused by exposure to harsh chemicals or toxins.

If a worker’s injury or illness meets the criteria specified under Alabama work comp law, the employer is required to provide medical benefits, lost wage compensation and death benefits (if the worker dies from their work injuries or illness).

  • Lost wage benefits

o    Temporary Partial Disability Benefits – Temporary partial disability benefits may be paid if the worker is able to work but has lost some amount of wages due to their work injuries. Compensation is based on two-thirds of the difference in the employee’s earnings before and after the Kansas work injury. Temporary partial disability benefits are limited to a maximum of 300 weeks.

o    Temporary Total Disability Benefits - Temporary total disability benefits may be paid if the worker is unable to work in any capacity due to their work injury or illness. Compensation will be equal to two-thirds of their average weekly earnings for the fifty-two week period before the work injury.

o    Permanent Partial Disability Benefits - Workers who are partially and permanently disabled from their work injury or illness may be compensated. The amount of compensation is determined by the extent of the work injury. Alabama state laws provide a list of possible work injuries and the amount the state will compensate per work injury.  The maximum amount of permanent partial disability payment the state will provide is $220 per week.

o    Permanent Total Disability Benefits – Permanent total disability benefits may extend for the duration of the work injury or disability and are equal to two-thirds of the total weekly earnings at the time of the work injury. Some workers may also choose to take a lump sum payment for work injury (if the court and both parties agree). Compensation does not accrue until the 4th day of disability but if the work injury continues for 21 days the first three days may be compensated.

  • Medical Benefits

o    Alabama workers’ compensation laws require employees to provide reasonable and necessary medical care to injured employees. Necessary medical care can include: medicine, medical treatment, surgery, medical supplies, and other apparatuses needed by the employee.

o    Employees who are not satisfied with their initial treating doctor who was selected by their employer may request a new physician. Employees who do not comply or do not accept the medical treatment provided by their employer may forfeit their right to compensation for the refusal time period.

  • Death Benefits

o    If a worker dies from a work injury within 3 years from the date of the injury the dependents may be eligible to death benefits. If the worker has one dependent the dependent is eligible to receive 50% of the employee’s average weekly earnings. If the deceased worker has 2 or more dependents they will split 2/3 of the worker’s average weekly earnings. Dependents can include a wife, child, husband, mother, father, grandmother, grandfather, sister, brother, mother-in-law or father-in-law if they are supported in full at the time of the worker’s death.

Death benefits may also include up to $3,000 in burial expenses. Death benefits may be paid for 500 weeks but may stop if the dependents die or if the spouse remarries.

If you have been injured in a work-related accident in Alabama it is important to notify your employer by written notification within five days from the date of your work injury. The courts have suggested oral notification may be honored, but written notification is preferable. Failure to notify your employee within 90 days from the date of the work injury could result in forfeiture of workers’ compensation benefits.

Alabama workers comp laws can be complicated, and the rules and regulations are subject to change. It is important to consult with an Alabama workers’ compensation lawyer as soon as possible if you have been injured in a work-related accident.



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Georgia Workers Compensation Information

Georgia workers’ compensation or workman’s compensation is provided to Georgia employees who are injured while performing their job or who have contracted an occupational illness. Georgia workers’ compensation program is managed and administered by Georgia’s State Board of Workers’ Compensation (SBWC).

The goal of the SBWC is “to provide superior access to the Georgia Workers’ Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective and to insure efficient processing and swift, fair resolution of claims, while encouraging workplace safety and return to work”.

Workers’ compensation or workers comp is a mandatory insurance policy that certain employers in the state of Georgia are required to purchase to protect their employees who are injured in a Georgia work injury. Mandatory workers’ compensation has eliminated the rights of most injured employees to file a personal injury claim and sue their employer. The trade-off for the worker, who may have forfeited a larger payout, is immediate medical benefits and potential wage loss compensation without the need for a costly legal battle.

Work Injuries covered by Georgia Workers’ Compensation

Work injuries are generally covered if they occur while an employee is performing a job duty. Work injuries which were the result of an employee’s horseplay, intoxication, failure to follow company policies or which were intentionally self-inflicted may not be covered.

Common work injuries which should be covered under Georgia’s Work compensation laws 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)

Georgia Workers Compensation Benefits

  • Medical Benefits

Medical benefits including rehabilitation and other treatments considered reasonable and necessary are covered under Georgia workman’s compensation laws. This can include hospital stays, prescribed medication, doctor’s visits, medical services and laboratory tests. In some cases the non-emergency care services may require approval from a panel of approved physicians. Georgia workers’ comp laws also allow the employee to choose their physician, but the choice must be from a list determined by the employer.

  • Temporary Total Disability Benefits (TTD)

Temporary total disability benefits are paid to workers who have been injured on the job and are unable to return to work due to their work injuries. Employees receiving TTD will receive 2/3 of their average weekly wage up to a predetermined maximum. TTD benefits are paid for a maximum of 400 weeks from the date of the work accident. Under some conditions, such as a catastrophic accident, TTD benefits may be extended. There is a 7 day waiting period prior to receiving TTD benefits. Workers who are injured for 21 or more consecutive days may receive payment from the first day of the work injury.

  • Temporary Partial Disability Benefits (TPD)

Temporary partial disability benefits are paid to injured workers who are able to return to work but who, due to their work injury, are unable to make a similar wage. TPD benefits are paid at 2/3 the difference between the injured worker’s average weekly wage prior to and after the work injury. TPD benefits can be paid for 350 weeks or up to a maximum established under Georgia workers’ compensation law.

  • Permanent Partial Disability (PPD)

Permanent partial disability benefits are paid weekly to injured workers who have been permanently disabled and may be unable to work their previous job, but may be able to do alternate work. Prior to determining the compensation amount, a medical examination is conducted by an independent medical examiner. The disability examiner rates the level of impairment. Disability payments are calculated by using the American Medical Associations ratings guidelines.

PPD payments are made by multiplying 2/3 of the injured worker’s average weekly salary by the PPD percentage and a specified number of weeks. The number of weeks is determined according to a pre-determined schedule. The calculation for PPD benefits is not made until the treating physician has determined the worker has reached their maxim medical improvement.

  • Death Benefits

Death benefits are paid to the surviving spouse or dependents of Georgia workers who have died from a work injury or illness. Death benefits are 2/3 of the deceased employee’s average weekly wage at the time of the work injury. Death benefits are paid to the surviving spouse who has does not have children up to $150,000 maximum. Surviving children may be eligible to receive death benefits until they are 18 years old or longer if they are a full-time student.

  • Vocational Rehabilitation Benefits

Vocational rehabilitation benefits may be offered to qualifying injured workers who are unable to return to work due to their physical health condition after a work injury. Georgia vocational rehabilitation may include: job placement, custom job training, job matching, counseling, technological accommodations and resource assistance.

Hiring a Georgia Workers’ Compensation Lawyer

Not all workers will need to hire a Georgia workman’s compensation lawyer, but if the injuries suffered are severe or permanent or the worker and employer have an adversarial relationship, it may be a good idea to seek legal counsel. Many workers’ compensation cases are litigated in Georgia simply because the insurance company wants to pay a low settlement amount and close the case as quickly as possible.

If you feel you have received poor medical treatment, if your Georgia workers’ compensation case has been denied or if you have been severely injured, contact a Georgia workman’s comp attorney.



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Sometimes? The lines get blurred: recent cases from Illinois, North Carolina, Arkansas & New Mexico

Newspaper reportage has led to the announcement of an Illinois state probe into possible workers’ comp fraud at the Menard Correctional Center, where nearly 400 guards and workers–including the warden–have filed claims totaling nearly $10 million in three years. As discussed in a previous post, Illinois is in the middle of a workers’ comp debate, with one side denouncing proposed losses for injured workers while the other side claims the high cost of workers’ comp premiums deters new business from locating in the state.

According to a Dec. 30 story at the Belleville News-Democrat’s Web site, the chairman of the Illinois Workers’ Compensation Commission told the paper that he was “surprised that with all the different agencies that are involved, that it’s taken you guys [i.e., the newspaper] to bring this to my attention. My eyes are wide open. … It’s hard for me to imagine it’s all kosher.”

According to the article, “More than 500 claims, including a $75,678 payment to the prison’s warden in June, have been filed since Jan. 1, 2008. Approximately 290 cases are pending. More than 230 prison workers contend they were injured not because of an accident but through repetitive trauma caused over years mainly by operating manual cell locking mechanisms. Carpal tunnel syndrome can result from repetitive trauma.

“After learning the results of a News-Democrat investigation that revealed these figures, Mitch Weisz, chairman of the Illinois Workers’ Compensation Commission, said Wednesday he has called for an official investigation of the Menard claims by the state’s Department of Insurance and has contacted the agency’s Director Michael McRaith.”

We’ve discussed before the degree of differences among state rules and regulations governing workers’ comp coverage, noting that in some states workers are covered while traveling to and from work although other states are more restrictive. This is but one reason to consider hiring a trained, experienced attorney for complex, adversarial injury cases.

Today we have plenty of examples that illustrate such differences.

In North Carolina, an ex-Marine who became a public school principal known for visible, anti-gang efforts was injured by a shotgun blast to the face on the way to work at Robeson County’s Fairmount Middle School. According to this Dec. 30 story, former principal James Hunt was subsequently awarded workers’ comp payments for the shooting injuries by the state Industrial Commission.

So…does the school district hold a rally to commission a statue of Hunt?

Nope.

Here’s the lede: “Robeson County Schools has appealed a state commission’s ruling that a principal who was shot last year on his way to school deserves workers’ compensation for his injuries.”

Here’s the finale: “School district lawyers maintain that taxpayers shouldn’t have to pay compensation because the shooting happened while Hunt was away from school property.”

Makes you wonder what the district will do if a coach or athlete gets hurt in an away game.

Now, in Arkansas, the state Supreme Court had to get involved in the case of a worker who got tired waiting in line with everybody else who simply wanted their paychecks. She decided to smoke outside while the line thinned out and apparently got hurt in a fall on her way back to the paycheck line.

The original workers’ comp panel ruled the injury compensable–after all, she was on break–but the medical provider appealed.

From the Dec. 13 piece at Insurance Journal: “The Arkansas Workers’ Compensation Commission originally found for Woods, deciding that her injury was compensable. But Jonesboro Care & Rehab Center appealed, maintaining that she was not performing employment services when she sustained the injury. Instead the Center asserted ‘that at the time of her injury, appellee was taking a personal break that did not directly or indirectly advance her employer’s interest,’ the Court explained. The appeals court sided with the Center.

“The [Supreme] Court ruled Woods was doing work at the time of her injury — by remaining on site until she could pick up her paycheck, as required by her employer. It vacated the decision of the appeals court and affirmed the ruling of the Workers’ Compensation Commission.”

Our last case of the day involves alcohol consumption, and, curiously, the ruling hinges on performance criteria rather than the rules ‘n regs of what legally constitutes “being drunk.”

Merely judging from the Dec. 29 Insurance Journal story, it seems as though the Las Cruces, NM, trash-truck worker may have been drinking either before-shift or during. At some point, in what sounds like a fairly intricate maneuver to extract “a trash bin that was stuck in the truck hopper,” Edward Villa:

. . . reached for the chain, he lost his balance, fell and seriously injured himself.

The city argued that on the day of the accident, Villa’s blood-alcohol level was 0.12, over the New Mexico legal driving limit. However, in assessing Villa’s intoxication for the purpose of recovery benefits, the workers’ compensation judge noted that although Villa was intoxicated, his co-worker and supervisor did not notice a problem with Villa’s behavior.

“[T]he fact that workers was inebriated … does not resolve the legal effect of it on his claim for benefits,” the WCJ concluded. Thus, the judge issued a 10 percent penalty for being intoxicated, and said the state had to award the remaining 90 percent of workers’ comp benefits.

Bottom line, I guess, Villa was not driving. So how or why would driving rules apply?

Then there’s the problem with co-workers’ testimony about Villa’s behavior.

From getting shot in the face, to falling off a garbage truck…strange world.

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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



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Understanding Worker’s Compensation In Charlotte, N.C.

Charlotte at dusk
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Charlotte workers who have been injured at work may be eligible to receive medical benefits and lost wage compensation under North Carolinas workers’ compensation. Workers compensation eliminates the need for workers who suffer an injury at work to file a personal injury lawsuit to receive compensation for their work injury. North Carolina employers, without accepting liability or claiming negligence, avoid an expensive protracted lawsuit by paying the injured employee limited monetary benefits.

Not all work injuries are covered by workman’s compensation. Work injuries which are covered must have occurred while the employee was engaged in their regular job duties and while performing them in the required manner. Work injuries which are the result of drug or alcohol intoxication or horseplay are not covered. Work injuries which occur while travelling to and from work or during voluntary, recreational work activities also may not be covered.

There are a variety of work injuries or occupational diseases which are covered by workers comp insurance. Some of the most common are:

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

Charlotte Workers Compensation Benefits

  • Medical Benefits – Charlotte workers who sustain an injury at work are entitled to medical benefits. The Charlotte employer is responsible for paying all medical costs which can include: doctor’s bills, surgical costs, medications and rehabilitation services.
  • Vocational Rehabilitation Services- If a Charlotte worker sustains an injury at work and is unable to return to their job, they may receive certain types of vocational rehabilitation services which can help them find another job which they can do given their current work capabilities.
  • Temporary Total or Temporary Partial Disability Benefits – Temporary total disability payments can be awarded if the injured employee is unable to work at all for a specific period of time. Work injury compensation for total disability payments is 66 2/3% of the workers average weekly earnings. There is a minimum and maximum allowed under North Carolina’s workers compensation law. If an employee is allowed to return to their job, but because of their disability, they are on restricted duty, workers compensation may award temporary partial benefits.
  • Permanent or partial disability – If a work injury causes a permanent disability or if the worker loses the function of a specific body part, work injury compensation is paid according to a schedule as outlined by North Carolina’s workers compensation law. If the work injury causes severe disfigurement to the face, head or damage to vital organs the worker may receive additional work injury compensation.
  • Death Benefits – Dependents of a Charlotte worker who dies from a work injury or occupational disease may be eligible to receive workman’s compensation for death benefits which equals 66 2/3% of the workers average weekly wage. Benefits are generally paid for 400 weeks, but for spouses (meeting certain requirements) they may be paid until death or remarriage and for minor children they may be paid until the child reaches age 18. Funeral benefits are also allowed up to $2,000.

Do I Need a Charlotte Worker’s Compensation Attorney?

Charlotte workers who suffer an injury at work have the choice of filing their workers compensation claim themselves or hiring a worker comp attorney to help. Unfortunately, Charlotte employers, who may be more focused on company costs and less on the worker’s welfare, will have their own work injury lawyers helping them.

Charlotte workers who have suffered discrimination or harassment due to the work injury or who have been injured by a third party may want to contact a worker’s compensation lawyer.



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Worker’s Compensation In Minnesota

Minnesota workers compensation is a no-fault system of laws which was created to provide work injury compensation to employees who sustain an injury at work while performing their normal job duties. Worker’s compensation is provided to the Minnesota employee without their proving their employer’s negligence contributed to their work injury.

Not all work injuries are covered by insurance workers comp, only those which are aggravated or accelerated by the employer’s job responsibilities or accidentally occurred while performing a job duty. Work injuries are not covered if they are caused by an intentional employee action, rough housing, recklessness or intoxication.

Minnesota workers compensation provides benefits for a variety of occupational diseases and work injuries including:

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

Minnesota Workers Compensation Benefits:

Minnesota’s workers comp insurance provides wage loss compensation and medical benefits to employees who are injured.

  • Medical Benefits – Medical compensation is provided to Minnesota workers who suffer an injury at work without a time or monetary limit and includes all medical care which is reasonable and necessary to treat a work injury. Care can include: doctor’s visits, laboratory services, prescriptions and hospital visits. Employees, under most circumstances, can choose their own physician and change doctors as desired.
  • Wage loss compensation –
    • Permanent partial disability – Minnesota employees who have lost permanent use of certain body parts from their occupational illness or work injury will receive permanent partial disability benefits based on a rating assigned to them from worker’s compensation. To determine worker’s compensation benefits the rating assigned is multiplied by the dollar amount for the injury for a specific number of weeks to determine the amount paid.
    • Permanent total disability – Minnesota workers who have sustained an injury at work and are unable to continue working may receive permanent total disability payments. These benefits are calculated using a similar formula as temporary total disability benefits.
    • Temporary partial disability – Minnesota workers who sustain an injury at work and are able to return to work but their wage is lower due to their work injury, may be able to receive work injury benefits to compensate them for lost wages.
    • Temporary total disability (TTD)- Minnesota workers who temporarily can not work at all due to their work injury can receive weekly temporary total disability payments (with a waiting period). Benefits are 2/3 of the worker’s gross average weekly wage at the time of the work injury. TTD benefits may end when 1)the maximum number of weeks for benefits has been reached 2)the employee is not taking part in the vocational rehabilitation program 3)the worker has found new employment or has returned to their current job.
    • Vocational Rehabilitation Services – Minnesota worker’s compensation may provide vocational rehabilitation services to help an employee return to their current job or to find new employment if they can not perform their current job due to their physical or mental limitations.

Do I Need a Minnesota Worker’s Compensation Attorney?

Minnesota workers who would like assistance navigating complex workers compensation laws can contact a worker’s compensation lawyer. Minnesota workers do not have to hire a worker comp attorney to file their work compensation claim, but a work injury lawyer may be able to help the employee get the work injury compensation they deserve.



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Get help with your Minneapolis workers’ compensation case

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

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

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

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

Minneapolis Workers Compensation Benefits:

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

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

Do I Need a Minneapolis Worker’s Compensation Attorney?

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

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



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Injured at work in New York?

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

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

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

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

New York Worker’s Compensation Benefits

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

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

  • Cash Benefits – New York workers who suffer an injury at work can not receive cash benefits for the first seven days of their work injury unless it last more than 14 days. The amount paid to the employee is a percentage of their average weekly wage for the past year. To calculate the amount of benefits which the employee may qualify for the following formula is used: 2/3 x average weekly wage x % of disability = weekly benefit. Disability benefits may also be paid to workers who return to work but can not make the amount of money they could prior to the work injury.
  • Medical benefits- New York workers who suffer an injury at work can receive medical care benefits for the original work injury. Medical care which is compensated can include: diagnostic tests, MRIs, x-rays and other necessary exams.
  • Dependent benefits – Beneficiaries of New York workers who die from their work injury or occupational illness can receive certain death benefits. Dependent benefits are 2/3 of the deceased worker’s average weekly earnings for the year prior to the work injury. Workers compensation establishes a maximum amount of compensation (regardless of the number of dependents). The estate may receive $50,000 if there are no dependents. Funeral expenses of $6,000 are paid in metropolitan New York but other counties limit expenses to $5,000.

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

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



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Workers’ Compensation In Minneapolis

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

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

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

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

Minneapolis Workers Compensation Benefits:

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

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

Do I Need a Minneapolis Worker’s Compensation Attorney?

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

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



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Fill out the short form below and a local Workers Comp attorney will review your case for FREE!
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Making A Workers’ Compensation Claim In Florida

Florida workers who sustain an injury at work while engaged in their normal job duties may be able to receive worker’s compensation. Florida’s workers compensation or workman’s compensation is a no-fault set of laws which provides medical benefits and lost wage compensation to injured employees.  Florida workers can receive work comp insurance without filing a personal injury claim in court and proving their employer was negligent for their work injury. In exchange for immediate benefits, the employee accepts a limited monetary benefit from their employee which may be less than they could have won in court.

Workers comp insurance covers a variety of work injuries and occupational illnesses. Most Florida employers are required to provide work injury compensation to employees who sustain a variety of work injuries including:

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

Workers comp insurance does not cover all injuries which occur at work. Employees who are injured while intoxicated, rough housing, engaged in a voluntary, recreational activity or travelling to and from work may not receive work injury compensation.

Florida Workers Compensation Benefits

Florida worker’s compensation provides a variety of immediate benefits to Florida workers who suffer an injury at work. Work injury compensation can include: medical benefits, temporary total disability benefits, temporary partial disability benefits, vocational rehabilitation and death benefits to surviving spouses and children.

  • Medical Benefits – Florida worker’s compensation benefits include all reasonable and necessary medical care for a work injury. Doctor’s visits, hospital stays, medical screenings, laboratory services and medications are all covered by workman’s comp insurance.
  • Temporary Total Disability Benefits – Florida workers who suffer a work injury and are unable to work can receive temporary total disability benefits which are 2/3 of their regular wage. Benefits do not begin until 7 days of missed employment. If the work injury last more than 21 days the first seven days are paid.
  • Permanent Partial Disability Benefits – Florida workers who suffer an injury at work and are able to return to work but due to their residual disabilities can not make 80% of their previous wage amount may be eligible for permanent partial disability benefits.
  • Permanent Total Disability Benefits – Florida workers who sustain an injury at work and can not return to any type of employment may be eligible for permanent total disability benefits.
  • Death Benefits – Surviving beneficiaries of Florida workers who die within one year after their work injury or 5 years of being continually disabled from their work injury or occupational illness may receive $150,000 in work injury compensation. Burial benefits are also allowed up to $7500 through Florida’s workers comp insurance.
  • Vocational Rehabilitation Assistance – Florida workers who suffer an injury at work and due to their work injury are unable to continue in their current employment may receive vocational rehabilitation services to help them re-enter the workforce.

Do I Need a Florida Worker’s Compensation Attorney?

Florida workers can file their own workers compensation claim or they can hire a worker’s compensation lawyer to help. Florida employers and their adjusters will always have their own work injury attorneys working for them. Work comp attorneys can help employees make sure their work compensation claim is filed correctly and they receive all the wage benefits and medical care they need to return to work.

Work injury lawyers should be contacted if the work injury was caused by a third party or if the Florida employee is the victim of workplace discrimination, harassment or has been demoted or fired because of the work injury.



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Oakland Workers’ Compensation Case

Oakland, California, workers who sustain an injury at work may be able to receive a fixed monetary benefit through California’s workers compensation insurance. Workers compensation or workman’s comp was established to reduce the number of personal injury lawsuits filed by employees who were injured on the job. Workers compensation generally provides medical benefits and some type of lost wage compensation without the employee having to prove in court their employer was negligent. In exchange, the worker may forfeit some of the work injury compensation they may have recovered through a personal injury claim.

Workers comp insurance does not cover all work injuries but provides benefits to the employee only if the work injury occurred while the employee was engaged in their “normal” job duties. Work injuries caused by drug or alcohol intoxication, while travelling to and from work or from a worker’s intentional actions to injure themselves may not be covered.

The majority of Oakland employers, under California workers compensation law, are required to provide worker’s compensation insurance for workers who suffer an injury at work or who experience an occupational disease. Common conditions which may be covered can include:

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

Oakland Worker’s Compensation Benefits

Oakland workers comp insurance may provide a variety of benefits including: permanent disability payments, vocational rehabilitation benefits, death benefits for surviving dependents and medical benefits.

  • Medical benefits – Oakland employees who are injured at work will receive medical coverage for the medical costs associated with their work injury. These benefits can continue indefinitely or until their medical doctor determines they are unnecessary. Expenses which are paid may include: doctor’s services, laboratory costs, prescription medications, chiropractic care and hospital stays.
  • Temporary disability- Oakland workers who suffer an injury at work and are unable to work for at least 3 days may receive temporary disability payments which will include wage replacement. Worker’s compensation for lost wages will be 2/3 of the lost wage amount up to California’s worker compensation limit.
  • Permanent Disability- Oakland workers who suffer an injury at work may receive permanent disability if their medical doctor determines their work injury is permanent. Workers comp insurance will determine the permanent disability payment amount by considering the age of the worker, the date of the work injury, the employee’s occupation and the employee’s remaining ability to work.
  • Vocational Rehabilitation – Oakland workers who sustain an injury at work and are unable to perform their job may be eligible for vocational rehabilitation benefits which can include job training. Workers compensation law establishes a monetary limit for vocational rehabilitation.
  • Death benefits – Dependents of Oakland workers who are killed from their work injury may receive workers comp death benefits. Worker compensation death benefits can include lost compensation and burial benefits.

Do I Need an Oakland Worker’s Compensation Attorney?

Many work compensation claims are resolved with very little difficulty, but others may be denied. An Oakland work injury lawyer can answer all of your questions, make sure your employer has your best interest in mind and provide you with the medical coverage and wage benefits you need to take care of yourself and your family.

If your work injury was caused by a defective third party product you may be able to receive compensation from the manufacturer of the product by filing a personal injury claim. Worker comp attorneys can also help if you have been demoted, fired, harassed or discriminated against due to your work injury.



Need Help with your Workers Comp Claim?

Fill out the short form below and a local Workers Comp attorney will review your case for FREE!
Don't wait -- Get help winning your workers comp case today!




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