Monday, December 14, 2009

All About Workers Compensation and You

If you have become sick or injured on the job, you may have heard that you can receive benefits through the workers compensation program. Here are a few facts about workers compensation to help you know if you are eligible.

What is workers comp?

Employers are required to maintain an insurance policy that will guarantee compensation to a worker should he or she become ill or be injured as a result of his or her employment. The regulations for this no-fault program vary from state to state, so it is wise to hire a good workers compensation attorney to determine if you have a legitimate case. Generally speaking, workers comp will prevent an employee from suing the employer for further money.

Am I always covered?

The answer, quite simply, is no. The employer is generally not under obligation to pay workers compensation if the employee chooses to be under the influence of illegal drugs or alcohol while on the job. If you are injured while not on the job, workers comp benefits do not apply. If you are engaging in illegal activities or violating clear company policies at the time of the injury, benefits may be denied.

How is workers comp different from Social Security Disability?

Social Security Disability benefits are only for those individuals who have been declared permanently unable to return to work. Workers comp will generally provide you with up to 2/3 of your income tax-free until you are able to return to the job. Also pays for medical bills and sometimes for any necessary vocational rehabilitation that may be necessary.

To make sure you are getting all of the benefits you deserve under your state's law, make sure to hire a good workers compensation attorney to help you navigate the process and cut through red tape.



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A Few Ways of Reducing the Cost of Workers Compensation Insurance

There is absolutely no doubt about the fact that high cost of workers' compensation insurance is a big problem for employers. There are issuers offering these types of insurance policies at really high premiums, and employers accept these premiums, considering workers' compensation insurance as a necessary evil. But, this approach is not correct because you can take quite a few steps to reduce the cost of this particular type of insurance.

• The very first important thing is to get a workers' compensation insurance policy from a carrier offering it at lower rate. When you will delve deeper into the details about this type of insurance, you will find different issuers offering policies at different premiums. Try to shop around and keep comparing the quotes until you find a good issuer offering policies at relatively lower premiums.

• The next thing is to make sure you monitor all claims and reduce costs accordingly. Yes, these insurance programs are monitored or administered by your state, but you can always do few things to reduce the cost.

• In order to reduce cost, you should pay special attention on providing your employees with a safer work environment. Preventing illnesses and injuries before they actually crop up is a right safety program.

• Try working with your state fund or insurance carrier to determine the potential hazards in your facility and then take actions along with providing training to your employees to trim down these specific risks. Using companywide wellness programs is another great option for employers to help employees smoking cessation, weight loss and other activities that can play a part in preventing the injuries and illnesses. This is surely going to bring down the cost of workers' compensation insurance.

• It is important to consider the option of establishing some kind of an accident reporting and investigation program to get detailed report about an injury and to take steps to stop it from recurring. You need to pay special attention to this report to take corrective measures in a right way.

• You should also try to work with your insurance carrier to review different claims. It is so because amongst those employees who follow the rules of programs there will be some others who won't mind exaggerating after getting injured. So, try to investigate more if an employee provides fuzzy details about the accident.

The fact of the matter is that work related injuries are common in all fields and that's why the cost of workers' compensation has skyrocketed in recent years. The increase in the claims and medical costs associated with stress-related injuries has created a lot of problems for employers. But, you can always make things better by taking some steps to reduce the occurrence of injuries and illnesses. Cut this ratio down and you will be able to manage things without spending a lot of money. So, be active and take some right corrective measures well in advance to trim down the cost of workers compensation insurance.



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How Much is My Workers Compensation Claim Worth?

If you have been injured at work, you may be considering, or even in the process of filing for Workers Compensation. You may not know what to expect from the process. You may not even know if your benefits will be enough.

Depending on your state, Workers Compensation laws and procedures may differ a bit, but the basic process is the same. You begin by filing a claim. This claim is review for validity. Assuming that your claim is approved, you will begin receiving a weekly benefit package.

Now we get to the important question. How much is my Workers Compensation claim worth? In other words, will I still be able to pay my bills? Benefit amounts will differ depending on the severity of the injury. If an injury leaves the employee totally unable to work, the benefit amount is based on a fixed formula. For an injury which allows one to continue working in a limited capacity, the benefit amount is based on a rating system adapted by the American Medical Association. In this system, physical function is assessed, and a disability percentage is given to determine one's ability to perform job functions. This AMA impairment rating, and the subsequent multiplying factor, would establish your benefit amount.

Again, some states differ when figuring out your benefit amount. General consensus among most states is that you are entitled to up to two-thirds of your average weekly income for an injury resulting in total disability. In most states, however, your benefit amount is usually limited by an established average income within your state. For example, if you get injured at work, where you receive $1000 a week, then you would be entitled to up to $666.67 per week in Workers Compensation benefits. However, if you live in a state with a lower average income, that limits the maximum benefit that you can receive. If you were earning the same $1000 per week in Kansas, for example, then you would be limited to the current average income of $546 per week.

In comparison, a worker who is only partially disabled by an injury would receive substantially less. In these cases, an AMA impairment rating would be established before the benefit amount could be determined. For the purpose of comparison, we will assume that the same employee makes the same $1000 per week. That employee is then injured at work, becoming partially disabled, and an AMA impairment rating of 25% is given. A 25% AMA impairment rating carries with it a factor of 1.15. If you multiply these together, you are left with a disability rating of 27.5%. This rating is then multiplied by the maximum benefit amount for a total disability, which leaves a maximum partial disability benefit of $183.33 per week.



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Finding the Best Workers Compensation Attorney For Your Case

Where do you begin when looking for a workers compensation attorney? First, you should search for a specific lawyer or law firm who specializes in workers compensation in your area. A lawyer who has experience dealing with workmans compensation can make the whole process much easier and less stressful.

Often the phone book route is pretty time-consuming, but you still need a lawyer for your case. Getting a referral for a good lawyer from friends and family members, especially those in legal professions or who have dealt with your type of situation themselves, will be happy to pass along their preferred attorney. Personal references, especially for something as tricky as workers compensation, are the best references you can get.

Once you find a workers compensation lawyer that fits your needs, then comes the interview process where you get to ask quick lists of questions to the potential attorney to ensure he is the right lawyer for your case. These questions will help you learn about the lawyer and how he works, and will also help you begin to understand what needs to be done to get a claim heard. Ask questions about education: did the attorney study in your area, or somewhere else? What kind of experience or previous work has he done in the past? Has he handled these kinds of cases before, or are you his first? What were the outcomes of some of his cases - how many has he won? You want an attorney who is experienced and well-versed in all aspects of workers compensation, particularly one who has worked in your area and knows the lay of the legal land.

Once education has been sufficiently vetted, ask a few questions about the process. Describe your case to the lawyer, and ask his honest opinion - does he think you have a case at all? What happens once the attorney takes your case? What kinds of forms and information will your lawyer require? Workers compensation cases are based largely on medical records, safety reports, and accident reports, so you'll need to find out which reports your attorney will need to make a solid case for your workers compensation claims. You'll find as you ask these questions that you'll quickly determine which lawyer is right for your case. Your next step will be to get to his office and start filing the paperwork. But don't worry, you'll be in good hands, as you've already assured.



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