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.

Three recent news items reflect the breadth and depth of disparity among the states’ regulations concerning workers’ compensation.

The first and third are from California and Florida, the second from Pennsylvania; taken together they reveal a shocking disconnect between treatment of perps and victims.

Roofer injured in 2003

According to a March 1 article in the Orange County (CA) Register, roofing contractor Michael Amzie Hollings “is expected to be sentenced to three years in state prison” after pleading guilty to various charges that boiled down to trying to hide workers, thereby paying nothing to the state’s workmen’s comp fund. No word from the Register on how long the scheme lasted, but it began unraveling in 2003 when a worker “fell from a roof and filed a workers’ compensation claim,” which resulted “in a denial of benefits,” according to prosecutors. The account also makes no mention of whether the injured worker ultimately received benefits–or even treatment.

On the one hand, the plea agreement shows how long such cases can slog through the system; on the other, even though Hollings faced a maximum sentence of 21 years and eight months, the expected three-year sentence should serve as a red flag for those who attempt to run similar schemes–at least, in California.

Agency owner dodges more than 1,000 counts

In another plea agreement reported today at pittsburghlive.com, 80-year-old William R. McCandless has apparently slipped through the system with a pretty sweet deal. Charged (along with his business) of “1,054 counts of failure to insure” from August 2006 through July 2009, McCandless “entered a general plea of no contest to a single count of failure to insure,” which is expected to net him a mere $3,000 fine plus probation.

One presumes the agency’s workers are now covered–and, of course, there’s no mention of anyone falling from a roof–but, still…more than a thousand counts? That must be one happy old guy.

Holdup victim awaiting surgery for more than a year

The next case is flat out tragic and has the father of an injured man taking on reform of Florida’s statutes, which were altered to prevent abuse by scam-running workers.

Posted March 01 at myfoxtampabay.com, this account tells the tale of Sam McGinnis, a drug store clerk gunned down during a holdup that netted $88 in Nov. 2008.

“We’ve all seen video of people caught on tape playing up their injuries and claiming benefits: people walking with a walker, and later walking just fine, or using or a cane where now you see it, now you don’t,” writes investifative reporter Doug Smith.

“But there’s nothing funny or phony about the video of Sam McGinnis, a clerk behind the counter at a drug store in Tampa, Florida on November 29, 2008. A camera inside the store shows a holdup.”

Cursed at by the robber and shot twice–for not moving fast enough–McGinnis still has a slug lodged in his back and remains “in constant pain,” with “[e]ven the simplest tasks . . . a challenge . . . and he says the workers’ compensation system is compounding his agony.”

Apparently, Florida’s worker-abuse reform went too far: Not only have the new regs have resulted in denial of surgery that would help McGinnis but also he’s been prevented from using his own private insurance–because he was hurt on the job.

“McGinnis hasn’t been able to get surgery that his doctors say could ease his pain because so far workers’ compensation won’t approve it. McGinnis says he had very good private insurance, but because he was hurt at work, he can’t use it.”

The article also says “McGinnis will need a lifetime of care.”

McGinnis’ father has begun a campaign to change the regs, creating a dual-track system, with one track for more routine on-the-job injuries and another for “for people who are catastrophically injured. . .” The father (Facebook profile here) has launched a Web site with a brief background and links to a youtube video and an online petition.

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

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

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

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

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

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

Minneapolis Workers Compensation Benefits:

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

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

Do I Need a Minneapolis Worker’s Compensation Attorney?

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

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

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

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

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

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

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

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

Massachusetts Workers Compensation Benefits

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

Do I Need a Massachusetts Worker’s Compensation Attorney?

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

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.

San Jose workers who have suffered an injury at work may be eligible to receive paid medical care and lost wages under California worker’s compensation law. Workman’s comp or worker’s compensation provides benefits to workers who are injured at work if the work injury occurred while they were performing their job duties.

Workers compensation laws were created to reduce the amount of work injury lawsuits that would be filed and in exchange, injured workers are generally eligible to file a workers compensation claim and receive certain types of workman’s compensation without having to prove their employer was negligent in the accident, illness or injury.

San Jose workers compensation may allow for workers who have suffered an injury at work to receive medical care, permanent disability, temporary disability, rehabilitation or death benefits. Many illnesses and work injuries are covered, but some of the most common work injuries 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

Work injury compensation may not cover injuries which occurred travelling to and from work or if the worker was off-site. Work injuries also may not be covered by workman’s compensation if the work injury occurred from the employee’s intentional action or while intoxicated from drugs or alcohol.

Worker’s Compensation Benefits in San Jose

San Jose’s workers comp insurance may provide the following work injury benefits for injured workers:

• Medical benefits – San Jose workers who suffer an injury at work may receive benefits for medical care. Medical care can include: dental care, hospital visits, doctor’s services, medications and chiropractic care.
• Temporary disability- San Jose workers who suffer an injury at work are only paid temporary disability benefits if the worker does not return to work within three days. Temporary disability may include wage replacement up to 2/3 of the lost wage amount. There is a maximum amount of wage replacement allowed which is outlined in workers compensation law.
• Permanent Disability- San Jose workers who suffer a work injury may be eligible to receive permanent disability payments if a medical doctor determines their work injury is permanent. Workman’s comp for permanent disability is calculated based on the injured worker’s age, date of the injury, occupation and their diminished work capacity.
• Vocational Rehabilitation – Some San Jose workers who suffered an injury at work may no longer be capable of performing their past job tasks but can be retrained for new employment. These workers may be eligible for vocational rehabilitation which means work comp insurance will provide job training benefits up to a maximum limit.
• Death benefits – Dependents of San Jose workers who are fatally injured at work may be eligible to receive workers comp death benefits. Death benefits may include work injury compensation which is a percentage of the deceased workers lost wages as well as a certain amount of money to cover the deceased worker’s burial.

Do I Need a San Jose Worker’s Compensation Attorney?

San Jose workers who suffer an injury at work can file their workers comp insurance claim without the assistance of a work injury attorney, but work compensation laws can be complicated and do occasionally get denied. Workers who suffer a work injury should contact a work injury lawyer if their injury was caused by a faulty product or if the work injury has caused the worker to suffer workplace discrimination, workplace harassment or if the worker has been demoted or fired.

San Francisco workers who have suffered an injury at work may be eligible for workers compensation payments to cover lost wages or medical care. California’s worker’s compensation laws provide benefits to workers who have had a work injury while performing their job duties.

Workers compensation or workman’s compensation was created to eliminate the need for a majority of work injury lawsuits by providing workers compensation to workers without the worker having to prove their San Francisco employer’s negligence caused their injury, illness or work injury.

San Francisco workman’s compensation potentially provides work injury compensation which includes: medical care, permanent disability, temporary disability, rehabilitation or death benefits. Some of the most common work injuries which occur 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

Workers compensation does not cover all injuries at work. Workers travelling to and from work and are injured may not be covered as well as work injuries which are the result of alcohol or drug intoxication, intentional actions or horseplay.

Worker’s Compensation Benefits in San Francisco

• Medical benefits – San Francisco workers who suffer an injury at work may be eligible to receive workers compensation for all necessary medical care related to their work injury. Medical care can include: hospital stays, doctor’s visits, prescription medication, chiropractic services and dental care.
• Temporary disability- San Francisco workers who suffer an injury at work are paid temporary disability benefits if they do not return to work within three days. Wage replacement may be allowed for up to 2/3 of the employee’s lost wages. Worker’s compensation law establishes a maximum amount allowed for wage replacement.
• Permanent Disability- San Francisco workers who suffer a work injury and who are deemed unable to return to work may be eligible for permanent disability payments. Workman’s comp will pay a calculated amount which is based on the date of the work injury, the worker’s age, their occupation and their permanent diminished capacity to work.
• Vocational Rehabilitation – San Francisco workers who suffer an injury at work and can not continue in their current employment may be eligible to receive vocational rehabilitation which allows them to receive certain types of work comp insurance while they are retraining for a new job.
• Death benefits – If a San Francisco worker dies as a result of their work injury their beneficiaries may be entitled to workers comp death benefits. Death benefits may include lost wage benefits and a set amount of money for burial expenses.

Do I Need a San Francisco Worker’s Compensation Attorney?

San Francisco workers who suffer an injury at work do not have to have a work injury attorney to file their workers comp insurance claim but the injured worker’s employer will always have legal representation.

If the work injury was the result of a defective third party product or if the injured worker is facing workplace harassment or discrimination due to the work injury, a San Francisco work comp lawyer should be contacted.

Qualifying for Workers’ Compensation

If you live in Chicago, Illinois, and you have suffered an injury at work, you may be entitled to workers’ compensation benefits. Workers compensation is only granted if a work injury occurs at the work site and the worker was not at fault (not intoxicated, reckless or engaged in intentional behavior which caused the injury).

Work injuries which occur at the work site but not while an employee is performing their work duties may also be eligible for worker’s compensation. Work injury compensation does not cover work injuries while the employee is travelling to and from work but may cover injuries of an employee who is offsite if they are performing a job duty. Deaths or injuries at work caused by substance abuse are not covered. Some state laws specifically cover work injuries suffered from the violent actions of other workers, while other state laws are less clear.

Common injuries at work which are covered by worker’s comp may include work injuries from exposure to toxic chemicals, equipment malfunctions, injuries from heavy labor or work place harassment. Pre-existing conditions which have been exacerbated from work duties may also be covered by workers compensation.

Worker’s Compensation Benefits

Work injury compensation is administered by the State Department of Labor. Work compensation claims are part of strict liability law which means the injured worker does not have to prove the work injury was a result of the employer’s negligence.

Work compensation injury laws were created to limit the ability of the worker to file a tort lawsuit against their employer. Compensation for Chicago workers who file worker comp claims is established by Illinois workers compensation law and includes:

• Paid medical expenses required for care and treatment of the work injury: surgical, dental, hospital visits, medication, and medical supplies.
• Disability payments which provide compensation for up to 2/3 of the injured worker’s wage for the days they are unable to work.
• Permanent disability payments which could be up to 2/3 of the worker’s wage at the time of the accident if the worker is scarred, disfigured or disabled and unable to return to work.
• Death compensation benefits for dependents of the deceased worker if the injury was fatal.

Chicago workers compensation does not generally cover pain and suffering, loss of affection, sexual relations or emotional distress.

Do I Need a Chicago Worker’s Compensation Attorney?

If you have suffered an injury at work, filed your work compensation claim and the employer has paid the workers compensation benefits, there may be little that a Chicago Work Injury Lawyer can do for you. But if you need advice or have not filed your claim, it is important to remember that your employer and their insurance company have representation and you may want an Illinois attorney working for you.

If your worker’s compensation claim has been rejected, the work injury was caused by malfunctioning third party equipment or your work compensation claim has led to discrimination (demotion, reduction in pay, harassment or firing) against you, a Chicago Workman’s Comp Attorney should be contacted immediately.

Workers who sustain an injury at work are provided worker’s compensation benefits under the Pennsylvania Worker’s Compensation Act. The work comp benefits are paid by private insurance companies, the State Workers’ Insurance Fund or if the employer is self-ensured they may pay for the workers compensation benefits themselves.

Workmans compensation covers a work injury that occurs at work as long as the injury was not intentionally self-inflicted or the result of illegal activity (including intoxication from drugs or alcohol).

Most Philadelphia workers can receive workers compensation benefits such as medical and cash benefits for work injuries. Common work injuries can include:

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

Philadelphia Worker’s Compensation Benefits

Workers compensation in Philadelphia provides a variety of benefits for workers who suffer an injury at work including:

• Lost Wage Benefits – Work injury compensation for lost wages is granted when the worker is determined totally disabled and unable to continue working, or if they are partially disabled and unable to make as much money as they could prior to their work injury. Philadelphia workman’s comp can replace an injured worker’s wage at approximately 2/3 of their average weekly wage, with a maximum established by workers compensation law. Wage benefits may be offset by certain other benefits such as retirement pension or Social Security benefits.
• Death Benefits – If a Philadelphia worker is injured at work and dies, their surviving dependents may be entitled to death benefits. This may also include assistance for burials.
• Specific Loss Benefits – If a Philadelphia worker is permanently disfigured by the loss or the inability to use part or all of their hand, leg, arm, foot or thumb or if they have lost their sight or hearing, under workers compensation law they may be entitled to a loss benefit. Other injuries which permanently disfigure the worker’s face, neck or head also may entitle the worker to a loss benefit.
• Medical Care – A Philadelphia worker who has suffered an injury at work is entitled to medical care or other surgical procedures which are deemed reasonable for the injury sustained. This can include: doctor visits, medication, orthopedic care, medical supplies and hospital stays.

Do I Need a Philadelphia Worker’s Compensation Attorney?

Philadelphia workers who have suffered a work injury may represent themselves, hire a work comp attorney or hire a non-attorney representative. Workers compensation law can be complicated and the worker’s employer and insurance company will have a worker comp attorney to help them with the workers compensation case.

If the work injury is the result of a third party product, the workers compensation claim has been dismissed or if the worker has suffered any type of workplace discrimination such as harassment, demotions, firings or pay reduction, a work injury lawyer should be contacted immediately.

Recent news shows the importance of retaining experienced counsel in the often confusing world of workers compensation law.

Take the case of minor league hockey player, Canadian Andy Bezeau.

According to this AP brief from December 9, Bezeau, 39, is from St. John, N.B. but “was living in Michigan in 1998 when he signed a three-year contract with the now-defunct Detroit Vipers . . . .”

But the Vipers sent him to Providence, R.I., to play for the Bruins, “where he was injured Oct. 6, 2000.”

So what’s the problem? He was working, and he got hurt, right?

Well, not so fast.

“His request for compensation from the Vipers was under review when the Michigan Supreme Court ruled in 2007 a person must be a Michigan resident when hurt to collect.”

Oh, OK–so then he needs to collect from the Bruins’ carrier, right?

Well, what if he maintained his residence in Michigan and only had temporary digs in Rhode Island? Then what?

We’ll find out later–the Michigan board ruled against him, because of the state Supreme Court’s 2007 ruling, so now the Supreme Court has to rule on this specific case. Watch here for an update.

Here’s another example of a someone not from the U.S. getting hurt, this time a worker in Nebraska. The difference is that even though the worker was working here illegally, he’s still entitled to workers comp. Also from a December 9 AP account: “The Nebraska Court of Appeals has upheld a lower court ruling that an illegal immigrant injured at a slaughterhouse is eligible for workers’ compensation benefits.

“Cargill argued that because Odilon Visoso cannot legally work, he should not be eligible to receive weekly wages of about $340, payment for future medical expenses related to his spine injury and other benefits.”

And, get this: Cargill fired the guy after he got hurt–supposedly because he’s here illegally.

After a 100-pound slab of beef fell on him, he had surgery “in October 2007 and was fired shortly after by Cargill because, its officials say, he was an illegal immigrant.”

As a side note, one wonders why Cargill is not in trouble for hiring illegals in the first place…

At any rate, “. . . the court pointed out that state law says all employees, including illegal immigrants, are eligible for workers’ compensation.”

A copy of the ruling is here.

Another Michigan case also involves that state’s Supreme Court, which sent a RICO case back to lower courts. According to a December 10 account at ClaimsJournal.com, “The U.S. 6th Circuit Court of Appeals had found in Paul Brown et al. vs. Cassens Transport Co. et al., the plaintiffs could sue their employer and its workers’ compensation claims adjuster under federal racketeering laws.”

The details involve a so-called “cutoff doctor,” a term recognized by anyone who has ever worked for a health provider–it’s lingo for docs who seem to be in the pocket of insurance companies based on their patterns of claims denials and lowered injuries ratings.

“The six plaintiffs alleged that the defendants–Cassens Transport Co., Crawford & Company, and Dr. Saul Margules–had schemed to deny them workers’ compensation benefits under the Michigan Worker’s Disability Compensation Act (WDCA) in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO).”

According to a December 8 brief at BusinessInsurance.com, the appeals court decision may set a bad precedent for employers and their carriers: “Attorneys and employer groups have criticized the appeals court decision, arguing among other things that it provides an avenue for federal courts to rule on workers comp claims decisions and that the ruling will raise costs.”

The Claims Journal account says that a lower court had ruled in favor of the defendants by dismissing “the plaintiffs’ RICO claims,” but in October 2008 the 6th Circuit court reversed that decision.

“The defendants had argued that WDCA preempts the plaintiff’s RICO claims and the lower court agreed. The appeals court found that was not the case, however, and determined that the plaintiffs had ’sufficiently pleaded a pattern of racketeering activity,’ according to court documents.

“Specifically, the plaintiffs alleged that Cassens and Crawford deliberately selected and paid unqualified doctors, including Margules, to give fraudulent medical opinions that would support the denial of worker’s compensation benefits, and that defendants ignored other medical evidence in denying them benefits. The plaintiffs claimed that the defendants made fraudulent communications amongst themselves and to the plaintiffs by mail and wire in violation of” the racketeering act.”

That’s a case worth following, too.

Of course, employers can’t be too careful, either.

In California, a city official been charged with “workers’ compensation fraud after authorities allegedly caught her exercising and riding a motorcycle at a time she said she was too injured to do her job.”

If she did what authorities are alleging, it’s one of those head-scratching, you’d-think-she-knows-better kinda deals: the lady is not only a city council member but also a former mayor.

According to a December 3 piece in the portal to the San Francisco Chronicle, “The charges stem from a workers’ compensation claim that [Maggie] Gomez filed in 2005 with Seton Medical Center in Daly City, where she works as patient relations manager.

“Gomez said she had been injured while working, authorities said. From 2005 to 2007, she lied to doctors, insurance companies, claims administrators and the state Employment Development Department ‘regarding the injury and the extent of her disability,’ said Karen Guidotti, an assistant district attorney.

“Investigators with the district attorney and state Department of Insurance allegedly saw Gomez exercising at the gym, walking long distances while shopping, riding a motorcycle and climbing out of her boyfriend’s truck, all activities she said she was unable to do.”

Another high-profile case hinging on questions of employee status (which we profiled here ) involves a woman who was severely injured by a chimpanzee. She was on Oprah recently, providing details of the attack and insights into life since the mauling. Here’s the update, but be forewarned: Some of the pictures include shots of her without the veil she normally wears–and the images are highly disturbing.
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Whether you’re an injured employee or an aggrieved employer, if you’re facing legal problems regarding workplace injuries, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Denial of benefits

Choosing an attorney