In a recent case, a former employer was required to reach a deal with the NJ Attorney
Click here to read: Franklin Lakes business owner must mortgage home to avoid jail in workers compensation case
Sunday, June 23, 2013
NJ Uninsured Fund Cracks Down on Uninsured Employers
It has been reported tat the NJ Uninsured Fund is vigorously seeking reimbursement for assessments and penalties from employers who do not have workers' compensation insurance.
In a recent case, a former employer was required to reach a deal with the NJ Attorney
General's Office to repay $111,813.00. It was reported that the former employer had to mortgage his house for repayment in order to avoid a potential 18 month prison term and a $10,000 fine in addition to the assessment.
Click here to read: Franklin Lakes business owner must mortgage home to avoid jail in workers compensation case
In a recent case, a former employer was required to reach a deal with the NJ Attorney
Click here to read: Franklin Lakes business owner must mortgage home to avoid jail in workers compensation case
Saturday, June 22, 2013
Distracted Walkers Are a Workplace Hazard
Over the last 2 days I watched at least a half-a-dozen people walking in the streets with a cellphone in their hands, and totally ignoring all traffic signals and vehicles around them. We are too quick to blame workers for causing all accidents through the use of cellphones. Pedestrians on many occasions ignore all reason and logic, and walk in front of vehicles oblivious to the world.
Read: Distracted Walking: Injuries Soar for Pedestrians on Phones
Cell Phone Use Not Just Dangerous for Drivers, Study Finds
Read: Distracted Walking: Injuries Soar for Pedestrians on Phones
Cell Phone Use Not Just Dangerous for Drivers, Study Finds
"More than 1,500 pedestrians were estimated to be treated in emergency rooms in 2010 for injuries related to using a cell phone while walking, according to a new nationwide study."
Friday, June 21, 2013
A Lesson: The White House Seeks To Enlist LeBron James to Sell Obamacare
After last night's NBA title victory by the Miami Heat*, it has been reported that The Obama Administration is seeking to recruit LeBron James to sell Obamacare (The Affordable Care Act)
Perhaps that idea could be mirrored in the effort to defend traditional workers' compensation programs as more beneficial systems than Opt-Out systems and the denial of benefits for professional athletes.
Read: White House seeks NBA assist on Obamacare
*Heat Melt Spurs To Win Second Consecutive NBA Title
LeBron James had 37 points and 12 rebounds and the Miami Heat repeated as champions with a 95-88 victory over the San Antonio Spurs in Game 7 of the NBA Finals ....
More at NPR.org:
http://n.npr.org/NPRI/
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| Photo Credit: whitehouse.gov |
Read: White House seeks NBA assist on Obamacare
*Heat Melt Spurs To Win Second Consecutive NBA Title
LeBron James had 37 points and 12 rebounds and the Miami Heat repeated as champions with a 95-88 victory over the San Antonio Spurs in Game 7 of the NBA Finals ....
More at NPR.org:
http://n.npr.org/NPRI/
Criminal Charges Urged Against Sedgwick
Injured Workers’ Advocates Seek Criminal Penalties for Death After Insurer’s “Callous Indifference, Reckless Disregard of Care”
"Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?"
Several attorneys from the Central Coast Chapter of the California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, held a news conference today on the steps of the Ventura County District Attorney Gregg Totten’s (DA) office and called for the DA to file criminal charges against a claims adjuster for Sedgwick Claims Services, and against Sedgwick itself, for their callous indifference to, and reckless disregard for, the health and welfare of Charles Romano, a Ralph’s Grocery Co. worker, which resulted in his death.
“Even after a judge determined Charles’ illness was a result of his work injury, the insurance carrier continued to refuse medical care. Charles soon died,” said Jill Singer, a Ventura workers’ compensation insurance attorney, and Central Coast CAAA Chapter President. “Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?”
Sid Freeman was Charles Romano’s friend, and helped care for him during the final months of his life. “Charles and I were friends for over 27 years. He was like a brother to me. Charles was only in his 40’s when he was injured on the job. He had surgery to repair his injuries and afterwards contracted a highly resistant staph infection that attacked his lungs, kidneys and paralyzed him,” said Freeman. Sedgwick, the insurer, refused to pay for the necessary care for the infection. Ms. McDivitt, the claims adjustor, said the infection was unrelated to Charles’ work injury. This lack of needed care led to a horrific downward spiral in Charles’ health. Sedgwick drove Charles to want to die. He said, ‘I’m tired of having to fight for everything.’ Two weeks later, he died.”
Thursday, June 20, 2013
Making The Path More Difficult for Asbestos Victims
The House Judiciary Committee has marked-up and passed legislation that will make it more difficult for asbestos victims to obtain benefits. Ironically these perennial legislative efforts make it more difficult for those who served the US in various capacities, including military service.
The legislation, entitled, Furthering Asbestos Claim Transparency Act (FACT) of 2013, allows asbestos companies and their insurers to go on a fishing expedition, to make it more difficult to obtain even reduced benefit payments.
The NY Times, in an Editorial, wrote, "The bill would also increase the burden on claimants to supply information. But it puts virtually no burdens on asbestos companies, like disclosing the settlements they have reached with plaintiffs or requiring them to reveal where their products were used and when, so that workers know which companies or trusts might be liable for their injuries."
The legislation, entitled, Furthering Asbestos Claim Transparency Act (FACT) of 2013, allows asbestos companies and their insurers to go on a fishing expedition, to make it more difficult to obtain even reduced benefit payments.
The NY Times, in an Editorial, wrote, "The bill would also increase the burden on claimants to supply information. But it puts virtually no burdens on asbestos companies, like disclosing the settlements they have reached with plaintiffs or requiring them to reveal where their products were used and when, so that workers know which companies or trusts might be liable for their injuries."
Wednesday, June 19, 2013
NIOSH Makes Ladder Safety Easier Through an App
The National Institute for Occupational Safety and Health (NIOSH) announces the availability of a new Ladder Safety smart phone application (app). This new app uses visual and audio signals to make it easier for workers using extension ladders to check the angle the ladder is positioned at, as well as access useful tips for using extension ladders safely. The app is available for free download for bothiPhone
and Android devices.
Falls from ladders are a common source of preventable construction injuries. Misjudging the ladder angle is a significant risk factor for a fall. If the ladder is set too steep it is more likely to fall back or away during use, and if it is set too shallow then the bottom can slide out.
“The ladder safety app is an innovative way to help keep workers safe and a tool to reduce these preventable injuries,” said NIOSH Director John Howard, M.D. “The development of this smart phone app also demonstrates how we are constantly working to make science-based practical information accessible to workers and employers in a way they need and can easily use.”
The app provides feedback to the user on positioning the extension ladder at the optimal angle. It also provides references and a safety guide for extension ladder selection, inspection, accessorizing, and use. It was developed with input from the ANSI A14 committee on Ladder Safety, the American Ladder Institute, and other stakeholders.
NIOSH collaborated with DSFederal on the final development and testing of the app before release. The app is based on a multimodal inclination indicator for ladder positioning that has been recently awarded a US patent. To learn more and download the Ladder Safety app visithttp://www.cdc.gov/niosh/topics/falls/ and to learn about the campaign to prevent falls in construction go to http://www.cdc.gov/niosh/construction/stopfalls.html. NIOSH is the federal agency that conducts research and makes recommendations for preventing work-related injuries, illnesses, and deaths. For more information about our work visithttp://www.cdc.gov/niosh/.
.Related articles
and Android devices.Falls from ladders are a common source of preventable construction injuries. Misjudging the ladder angle is a significant risk factor for a fall. If the ladder is set too steep it is more likely to fall back or away during use, and if it is set too shallow then the bottom can slide out.
“The ladder safety app is an innovative way to help keep workers safe and a tool to reduce these preventable injuries,” said NIOSH Director John Howard, M.D. “The development of this smart phone app also demonstrates how we are constantly working to make science-based practical information accessible to workers and employers in a way they need and can easily use.”
The app provides feedback to the user on positioning the extension ladder at the optimal angle. It also provides references and a safety guide for extension ladder selection, inspection, accessorizing, and use. It was developed with input from the ANSI A14 committee on Ladder Safety, the American Ladder Institute, and other stakeholders.
NIOSH collaborated with DSFederal on the final development and testing of the app before release. The app is based on a multimodal inclination indicator for ladder positioning that has been recently awarded a US patent. To learn more and download the Ladder Safety app visithttp://www.cdc.gov/niosh/topics/falls/ and to learn about the campaign to prevent falls in construction go to http://www.cdc.gov/niosh/construction/stopfalls.html. NIOSH is the federal agency that conducts research and makes recommendations for preventing work-related injuries, illnesses, and deaths. For more information about our work visithttp://www.cdc.gov/niosh/.
.Related articles
Monday, June 17, 2013
Overpayment Of Unemployment Due To Payment of Workers’ Compensation Benefits – NOW WHAT?!?
Today's post comes from guest author Kit Case from Causey Law Firm.
- Notify the unemployment insurance system that they are continuing to seek payment from the workers’ compensation system, but that they are involved in an appropriate job search during the dispute process.
- Immediately share with the workers’ compensation attorney any notices or orders received from the unemployment insurance system. These are usually NOT mailed to the attorney of record in a workers’ compensation claim and the notices often have limited time periods within to file a protest or request for reconsideration of the determination.
- Hold in savings from the workers’ compensation payment the claimed unemployment overpayment amount during the dispute process until a final overpayment notice has been issued, or have the workers’ compensation attorney hold this amount in their trust account. If this is not possible, be prepared to enter into a repayment agreement with the unemployment insurance system once a final overpayment figure has been determined.
- Seek assistance from the workers’ compensation attorney to document all attorney fees and costs paid as part of the effort to obtain back benefits under the workers’ compensation claim. Submit this documentation to the unemployment insurance system and request a reduction in the claimed overpayment to take these attorney fees and costs into account.
- Continue to send any notices or orders to the workers’ compensation attorney.
- Once the overpayment has been repaid, check to see if the receipt of workers’ compensation back benefits changes your tax obligations. In many states, workers’ compensation payments are not taxable income, but unemployment benefits are taxable. If there is a significant payment of back benefits under the workers’ compensation claim, it may be worthwhile to file an amended tax return with the IRS to document the lower taxable income figure.
Read more about "benefits" and workers' compensation:
Jun 13, 2013
It is fairly common for an injured worker to receive Social Security disability benefits and also receive a settlement for workers' compensation. According to Social Security, “If you receive workers' compensation or other public ...
Apr 08, 2013
Truckers are frequently entitled to benefits from multiple states for an injury. Each state sets rules for applying its workers' compensation laws. Virtually all states cover accidents that happen in that state. Many states allow ...
Jun 16, 2013
Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow the submission of radiographs in connection with benefit claims and set out quality standards for their performance. These standards ...
Jun 13, 2013
Legislation sponsored by Assembly Democrats Annette Quijano, Valerie Vainieri Huttle, Jason O'Donnell, Ruben Ramos and Nelson Albano to provide lifetime workers' compensation benefits to surviving spouses of fire and ...
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