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.

AIG, the giant insurer and a major player at the core of the Great Recession, has been allowed by a federal judge to begin issuing subpoenas to 400 of its competitors in the workers compensation insurance business, according to a March 16 piece at businessinsurance.com.

The ruling, which allows AIG to pursue “nonparty discovery,” is part of a larger dispute between AIG and several competitors–but extends to “discovery of practices by insurers not named in the lawsuit, AIG said Monday in a statement.”

Industry leaders involved

The fracas involves some heavyweights in the industry, including some who joined forces in the original RICO suit against AIG: “The ongoing litigation grew out of a May 2007 lawsuit against AIG originally filed by the National Workers Compensation Reinsurance Pool made up of AIG competitors and operated by Boca Raton, Fla.-based NCCI Holdings Inc. That suit alleged violations of the Racketeer Influenced and Corrupt Organizations Act by AIG, among other assertions.”

It also involves some colorful language, for what might seem an otherwise dry topic.

Let’s pick up the story in 2005 when, according to an August 26, 2009 post at an insurance law blog, “a New York state investigation revealed that AIG had, over several decades, provided false reports of its workers’ compensation premiums to NCCI and state tax authorities to evade its residual-market obligations.” Id. Thereafter, in 2006, AIG entered into settlement agreements, including a $1.6 billion settlement with New York and federal authorities. The Participating Companies contested that the settlement agreements offered full and fair restitution. Id. at 5.

“On May 24, 2007, NCCI filed suit against AIG, alleging underreporting of premium data. AIG interposed numerous defenses and asserted counterclaims for an equitable accounting and an action on an open, current, and mutual account, both of which survived NCCI’s motion to dismiss. AIG also filed a 12-count third-party complaint against 24 named companies and numerous unnamed companies. Id. at 3.”

Court dismisses NCCI suit

But in August 2009, a federal district court dismissed the suit against AIG, “holding that the NCCI failed to establish standing to assert claims on behalf of the Pool.”

That’s when AIG came out swinging, inserting itself as plaintiff, and as described at workerscompsc.com, in September 2009 amended that complaint “in its Chicago racketeering conspiracy fight alleging fellow members of the National Workers’ Compensation Reinsurance Pool conspired to suppress a state and federal probe of the systematic underreporting of workers’ compensation premiums.”

AIG’s amendment, according to Michael Whiteley, “names as defendants the pool, NCCI and 19 insurance companies. It focuses on the actions of Liberty Mutual Group, Travelers, The Hartford, Ace INA Holdings and Sentry Insurance Co. as carriers AIG says have dominated the governing board of NWCRP.

“The amended complaint, which was filed under the Racketeer Influenced and Corrupt Organizations Act (RICO), alleges that NCCI flagged significant problems with the misreporting of premiums as early as 1986 and then conspired with pool members to conceal the problem while then-New York State Attorney General Eliot Spitzer was investigating the practice at AIG.”

AIG says it was targeted as scapegoat

Furthermore, AIG alleges the whole thing was a longstanding sham-up, designed to hurt AIG.

Again from the Whiteley piece: “And AIG repeated assertions that its competitors – led by Liberty Mutual, which last year overtook AIG as the leading comp insurer in America – conspired to make AIG the scapegoat in the Spitzer probe to prevent investigators from broadening their target.

“AIG said a Liberty Mutual representative on the pool’s governing board said at a board meeting in 2005 that the Spitzer probe gave the board ‘an opportunity to get the bastards at AIG.’ “

The residual market

What’s at stake is who-owes-what to cover costs in the so-called “residual market,” the pool for employers who can’t workers’ comp coverage in the primary market. As the insurance law blog explains:

“The action concerned the workers’ compensation insurance market. Employers obtain workers’ compensation insurance coverage from insurers in what is known as the “voluntary market.” Insurers that provide coverage to the voluntary market are required by state law to provide coverage to the “residual market,” which is the market for employers who cannot obtain coverage on the voluntary market. Those employers obtain workers’ compensation insurance coverage through an individual state’s assigned risk plan. Under that plan, the amount of insurance an insurer is required to provide for the residual market is directly proportional to the amount of premiums it collects for the policy it writes for the voluntary market. Mem Op. 3″

“Therefore, ‘any company that underreports its premiums to NCCI decreases its reinsurance participation rate and the overall total used to calculate all the rates.’ Id.”

‘Common practice in the insudtry’

Looking through the various accounts of the lawsuits and countersuits, it’s hard to find any instances in which AIG denies under-reporting these premiums. After all, it did settle for at least $1.6 billion in 2006. So far, it seems like AIG is merely saying, well, everybody did it.

From the businessinsurance.com conclusion, re AIG’s most recent action: “Now AIG is seeking proof through its subpoenas that premium underreporting practices it is alleged to have engaged in were common practice in the industry.”

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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.

One thing about workers comp cases–the issues can be so broad that you never know what oddity may pop up.

For example, regular readers are aware that most states include undocumented workers in workers comp protection. We discussed a couple of such cases here, one from Michigan and one from Nebraska.

Undocumented workers protest in Michigan

Now Michigan is back in the news. Posted March 11 at WILX.com, this brief describes a protest at the state Capitol, including “[s]ome [who] were illegal immigrants, rallying for the state to grant them rights to workers’ compensation.”

State Rep. Rashida Tlaib (D-Detroit) has introduced a bill that would grant such coverage and was quoted as saying, “We’re only one of two states in the nation that does not allow workers that are undocumented to compensate when they are injured on the job.”

As might be expected, not all her colleagues agree with the idea, indicating its passage has a snowball’s chance…

Rep. Rick Jones (R-Grand Ledge) said, ““The only thing we should be giving illegal immigrants is a bus ride home.”

Jones, taking a “Michigan-workers-first” stance, brought up bogus Social Security IDs and the expense to companies to pay into the workers comp system.

But Tlaib “and others” countered with a point to ponder: pointing out “that requiring companies to pay workers’ comp might discourage them from hiring illegal immigrants in the first place.”

Ex-Deputy Warden cites nepotism as stressful

Now here’s a doozy, from a March 10 post with a Wilkes-Barre (PA) dateline: everybody knows somebody who’s felt disadvantaged by on-the-job nepotism. But in this case, former Deputy Warden Sam Hyder,  Luzerne County Correctional Facility, says nepotism was a major reason for the workplace problems that should leave him eligible for $800 a week in workers comp benefits.

“Hyder claims he suffers from work-related stress due to pressures brought on by” County Commissioner Chairwoman Maryanne Petrilla’s “hiring requests and threats, the suicide of a co-worker, his attendance at an inmate’s autopsy and the publicity he received for outing a drug-dealing prison guard.”

Petrilla has denied not only pushing Hyder to hire unqualified cronies but also says she did not single out Hyder for political reprisal.

According to the article, “Hyder was on medical leave from Aug. 28, 2009 until he was laid off from his $74,263 job in late January 2010. He testified Feb. 2 about how he ‘blacked out’ one day at work from the stress and suffers from anxiety, panic attacks and nightmares. On Tuesday, the county countered with five defense witnesses.”

At least one other employee, a secretary promoted to assistant business manager, seems to back up Hyder’s version, indicating that a “hiring list of the politically connected trumped applications from other qualified candidates.”

Said Jaqueline Grimes: “Everybody, commissioners, judges, magistrates, police officers, would be saying, ‘Give this person a shot. (Prison management) wanted to know, whose person it was. ‘John Doe is my guy, this one is (former Manager/Chief Clerk) Sam Guesto’s.’”

Fired workers say boss pushed her religion on them

And from Ohio, a March 3 AP account reminds us that freedom of religion just might encompass freedom from religion:

“After a sweeping scandal nearly five years ago that cost the state’s insurance fund for injured workers $300 million because of investments in Beanie Babies, rare coins and other risky assets, Ohio beefed up oversight and created a panel to help lawmakers look out for the health of the fund.

“Now, three years after lawmakers created the Ohio Workers’ Compensation Council to advise them on bills involving workers comp issues, the council finds itself entangled in chaos with a director accused of firing the entire staff amid allegations that she pushed her religion on employees.

“The three fired workers each sent letters to council members Tuesday accusing Director Virginia McInerney of wrongful discharge, religious discrimination and harassment, age discrimination and retaliation.”

Described as an occasional guest on “The 700 Club” who also was active in a large evangelical church,  McInerney was said to have led prayers at work and to have passed out religious CDs and at least one religiously themed book.

The piece quotes a former staff attorney as writing in a letter that “It became increasingly clear that the Director was judging employees not on professional performance but on the quality of their faith, according to her beliefs.”

McInerney denies the allegations and says she can’t comment on an ongoing case, but “that she saw no alternative under the law but to fire them.”

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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

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.

Eddie Lampert, the billionaire hedge-fund operator who masterminded the Kmart/Sears deal and wound up as chairman of Sears Holding Corp., is making headlines recently over remarks in his annual letter to shareholders. For example, Michael Corkery gigs Lampert in the Wall Street Journal (“Sears’s Lampert Feeling Testy”); an AP writer takes a dig from BusinessWeek.com; and Rich Dupre, at MotleyFool concludes that “it seems a little early for Lampert to be churlish and thumb his nose at the critics by saying ‘I told ya so!’ ”

These opinions are reaction’s to Lampert’s assertions about “self serving . . . [b]usiness leaders, regulators, public officials, and journalists” who “have become an echo chamber of self-support and self-congratulation, whether on TV, in print or at numerous conferences.” He also had comments for critics of his investment and store-upgrade choices, as well as the role of rating agencies and “the seizure of Fannie Mae and Freddie Mac . . . .”

But what employees might notice–past. current or potential–is his take on regulation. Some highlights:

• “I fear that Americans have been provided a false choice between a little more and a lot more regulation and taxes.”
• “On the other hand, there are many who believe that less regulation, less government interference, less arbitrary regulation when it does exist, and lower government spending will generate more growth and more jobs.”
• “However, in most industries and societies where there is more regulation, there is typically lower growth, lower employment, and less innovation.”
• “Self-regulation is a better idea and it is a better choice, whether for an individual or a corporation.”

Maybe he’s talking about tariffs or trade restrictions or minimum wage–or all the above. Regardless, let’s hope he’s not talking about job safety and treatment of injured workers.

Worker injured, reassigned–then fired

A couple of recent cases show that at least a few hundred Sears workers have benefited from workers comp regulations.

The first one, dating to August 2005, seems to be a win for Sears–at first blush. In this case, reported Feb. 9 at Leagle.com, a Virginia court of appeals agreed with Sears and its insurers, in the sense that it remanded the case back to the workers comp commission. The appeals court found the commission erred when it denied “Sears’s request for a hearing on its claim that William L. Cruse (claimant) filed his claim for benefits after the statute of limitations had run.”

Things may not be as bright for Sears as that ruling might indicate, though. Here’s how it started, according to the Leagle summary: “On August 10, 2005, claimant was injured while working for Sears. Sears filed an accident report approximately one month later. Claimant filed a claim for benefits with the commission on August 16, 2007.”

In other words, Cruse filed the claim six days past the ostensible two-year limit.

But “[w]hen the commission held its hearing on the claim, no representative of Sears was in attendance. Claimant appeared and testified about the events that led to his workplace accident. He also explained that Sears’s operations manager told him after the accident to go to the doctor and that the manager said, ‘Sears will take care of it, we’ll pay for it.’ The doctor prescribed physical therapy, which Sears’s insurance carrier refused to cover.

Claimant testified that when he informed his manager that the carrier refused to pay for the physical therapy, the manager said that claimant should go to physical therapy and ‘we’ll pay for it.’ ”

Apparently, though, Sears never paid any of the medical bills, but the company did lighten Cruse’s work duties and “and paid him regular wages for a short time after the accident”–when they fired him.

Commission rules injury compensable

Following the hearing, the commission ruled in January 2008 that the injury was compensable and awarded Cruse medical expenses. The statute of limitations was not mentioned in the ruling, and Sears remained quiet, for a while. Then, nearly three years since the injury, on “August 8, 2008, Sears filed a motion to vacate the award, contending that claimant did not file his claim for benefits before the statute of limitations had run and, therefore, that the commission did not have jurisdiction to enter the award.”

The commission not only denied a hearing but also the motion to vacate, saying the original ruling had been final and “that the statute of limitations was not a subject matter jurisdiction issue.”

Sears appeals

So Sears turned to the appeals court. In its analysis, the court considered several cases, appelate decisions and the statutes themselves, in consideration of Sears’s assertion that the employee was out of luck simply for waiting more than two years to file. The court didn’t agree, however, quoting statute showing that the two-year time period can be “tolled,” or extended, under certain, specific circumstances. Then the court cited a state Supreme Court ruling that found ” ‘[u]nder these circumstances,’ it was appropriate to ‘affirm the rulings of the [c]ommission,’ but also to ‘remand the case for a hearing’ on the question of the statute of limitations and the possibility that it was tolled. Id. at 411, 83 S.E.2d at 733.

“We find that Winston most nearly addresses the issues raised by Sears. The commission here did not address the issue of the statute of limitations, perhaps in part because Sears failed to appear at the hearing. Claimant did not explicitly raise any issues regarding tolling during the hearing before the commission, although some evidence in the record suggests that the statute of limitations in this case might be properly tolled for a period of time.

Appeals court finds ‘tolling’ provisions may apply

Thus, we conclude that this case, as in Winston, should be remanded for an evidentiary hearing on the statute of limitations and any tolling or estoppel provisions that may apply.”

So, in other words, Sears “won” in the sense that the Cruse case now returns to the workers comp commission. But it also sounds like the court recognizes that by not appearing at the original hearing, Sears may have left the door open for the commission to ignore the two-year filing requirement. Plus, according to a footnote, Sears may have a problem with having changed Cruse’s duties and paying him a regular wage for a time before canning him. Certainly, the court did not grant Sears’s motion to vacate the award, so this story’s not over.

EEOC settlement from earlier case

The story is over, however, for 235 former Sears employees, who will receive anywhere from $2,500 to $125,000 as a result of the largest ever settlement involving the Americans with Disabilities Act (ADA). As ohs.online explains, “On Feb. 5, the U.S. Equal Employment Opportunity Commission announced court approval of the distribution of a $6.2 million compensation fund in the landmark Americans With Disabilities Act (ADA) litigation between EEOC and Sears, Roebuck & Co. The distribution is being carried out pursuant to the terms of a consent decree approved by Federal District Judge Wayne Anderson on Sept. 29, 2009.”

This case dates to 2004, when, says law.com, ” The EEOC sued Hoffman Estates, Ill.-based Sears in 2004 following a complaint from John Bava, an injured appliance service technician who said Sears fired him after he took a leave for knee, wrist and back injuries suffered on the job. Bava is the only plaintiff to get the top $122,500 payout, based on his initiation and the facts of his particular case, said John Hendrickson, who leads the Chicago regional EEOC office that pursued the matter.”

Now, this is a settlement, so Sears did not plead guilty to anything, as explained at chicagobusiness.com, “Sears did not admit guilt as part of the settlement, which brought and end to a November 2004 lawsuit filed by the EEOC on behalf of a former Sears employee. That employee claimed he was fired from his Sears job at the end of a one-year workers compensation leave.”

Settlement benefits employees still on the job

Moreover, the benefits of the settlement extend beyond the damaged former employees. Back at ohsonline: EEOC “Chicago Regional Attorney John Hendrickson said, ‘The Sears case has been a long haul, but now it’s over–this is it. The court has enjoined future discrimination by Sears and approved the amount of money each class member will receive for the particular discrimination he or she suffered. Their day for compensation is here, and as far as the EEOC is concerned, that makes it a good day for everyone involved.’

“EEOC Trial Attorney Aaron DeCamp noted that, in addition to the disbursement of settlement funds, EEOC is seeing positive effects from the consent decree. ‘As a result of the decree, we believe Sears has an improved worker’s compensation leave process, and it has posted notices regarding the decree. We know that employees have been seeing the notices because we’ve been receiving inquiries as a result. So we think it’s pretty clear that our lawsuit genuinely benefited the employees of Sears and strengthened the company’s human resources processes.’ ”

So, despite Lampert’s protests to shareholder about free markets and government regulations, it doesn’t take a legal scholar to understand what might have happened to these hundreds of workers without regulations and legal recourse.

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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.

California workers compensation law is similar to other state’s laws which provide medical benefits and lost wage compensation to California workers who sustain an injury at work while they are performing their normal job function.

Workers compensation or workman’s compensation is an insurance program created to provide immediate relief to employees without the employees having to file a personal injury claim for compensation. In exchange, California workers compensation law limits the amount of money which can be recovered from California employers.

Only work injuries or occupational diseases which are caused from the normal job requirements are covered by workers comp insurance. Work injury compensation is not provided to California workers who are injured while intoxicated, attempting to injure themselves or another employee or who are injured travelling to and from work.

There are a variety of occupational diseases and work injuries which are covered by California’s workers compensation. Some of the most common 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

California Worker’s Compensation Benefits

Californian workers comp insurance includes: medical benefits, temporary disability benefits, permanent disability benefits, vocational rehabilitation benefits and death benefits.

• Medical Benefits – California workers who sustain an injury at work are entitled to full medical benefits provided by their employer with no limits to time or money. The employer generally selects the first physician the employee is required to see and after 30 days the employee generally is allowed to choose their own doctor. Additional medical expenses are paid such as doctor’s visits, hospital stays and medications.
• Temporary Disability- California employees who suffer an injury at work are entitled to temporary disability payments which are 2/3 of their lost wage amount. California workers compensation outlines a maximum limit for lost wage compensation.
• Permanent Disability- California workers who suffer an injury at work and are unable to return to work are eligible for permanent disability. California workers who sustain an injury at work and can return to work but due to their work injury they can not make the same wage they could before the work injury, may be eligible for workers compensation benefits. California workers compensation will determine the amount for permanent disability based on a variety of factors including the worker’s age, occupation, work capacity and work injury date.
• Vocational Rehabilitation – California workers who suffer an injury at work and are not able to return to their job may qualify for vocational rehabilitation benefits including job retraining and job placement.
• Death benefits – Dependents of California workers who die from their work injury or occupational disease are entitled to death benefits to compensate them for the deceased worker’s lost wages. Burial expenses are also paid up to an established limit.

Do I Need a California Worker’s Compensation Attorney?

Workers compensation law can vary by state and can be complicated. Many insurance workers comp cases are settled easily and without dispute, but many are denied. Work injury lawyers can help California workers get the compensation they deserve and help fight employers and their worker comp attorneys if they are more concerned with saving money than helping the employee recover from their 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.

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.