Monday, August 27, 2012
NFL Workers Comp
Reading through opinions from the Maryland Court of Appeals, one does not often find the justices grappling with quandaries such as “whether injuries occurring while playing and practicing professional football are accidental injuries’ and thus compensable under the Maryland Workers' Compensation Act.”
That phrase comes from a decision handed down this week in a case pitting former Redskins punter Thomas J. Tupa Jr. — you probably remember him as Tom Tupa — versus his former employers, the Washington Redskins, whom you might not recognize in legal papers as “Pro-Football, Inc., t/a the Washington Redskins.”
The central drama of the case surrounds what happened to Tupa seven years ago, on Aug. 19, 2005, at FedEx Field in Landover.
The decision says that “during his pre-game warm-up for a preseason game, Tupa landed awkwardly after a punt and felt a sharp pain in his lower back. He described the pain as a ‘jarring’ sensation, sought immediate medical attention, and received medication.”
Tupa never got better. He eventually left the NFL, and he filed for workers’ comp.
In the interest of saving digital space, let us just say that legal challenges to Tupa’s claims went into overtime and eventually made their way to Maryland’s highest court, which considered two issues.
One: Could Tupa could file in Maryland even though the team’s headquarters was in Virginia?
Two: Are football injuries “accidental injuries” or not?
In the first, the court ruled that the punter could file in Maryland, citing a litany of case law. In the second — the more interesting point of contention — the team and its insurers argued that Tupa’s injury was not accidental. Football is a dangerous sport, etc.
The state high court, in its decision, took a narrow reading of Maryland’s workers’ comp law, ruling that “Tupa’s injury occurred ‘out of and in the course of [his] employment.’”
It added: “He was warming up for a game when he landed awkwardly and thereafter sought immediate medical treatment. Ample evidence was presented to show that Tupa suffered a compensable accidental injury during the course of his employment.”
Tupa gets his workers’ comp.
“For Tupa, it means lifetime medical care,” Benjamin T. Boscolo, Tupa’s attorney, told the Baltimore Sun. "It means surgery if and when he gets to a place where he can't function in his state of health.”
You can read the entire 16-page decision here.
In a separate but similar case on Thursday, the court handed down another decision in support of a former Redskins player seeking workers’ comp in the state.
The court said Darnerien McCants, a former wide receiver, could in fact seek workers’ comp in Maryland even though the team argued that the bulk of his employment was in Virginia, where the team practices, hold meetings and watches film. Also, several of his injuries occured out of state.
Tuesday, July 3, 2012
Calif. approves alternative security program for self-insured workers comp employers
SACRAMENTO—A California state agency has approved a $6.17 billion alternative security program to guarantee the 2012 and 2013 workers compensation risk for participating self-insured California employers.
The California Department of Industrial Relations on Monday approved the alternative security program, which provides collateral for eligible self-insured employers in lieu of each employer securing its own financing to meet California’s collateral requirements for self-insured workers comp liabilities.
For more information please visit Workers-comp-claim.com
Monday, June 25, 2012
Workers compensation law would restrict public access to information
Lawmakers have passed a bill aimed at cracking down on employers
that put workers at risk by not holding legally required workers'
compensation insurance. But one provision of HB237, added at the last
minute, may restrict public access to the information that first brought
the problem to light.
An investigation by The News & Observer in April revealed that tens of thousands of North Carolina employers had no workers' compensation insurance and that few faced repercussions, in large part because the state often learns about noncompliant companies when a worker is hurt and appealing for help.
The Rate Bureau, a group of insurance companies that among other things sets the rate for workers' compensation insurance, informs the state-led Industrial Commission of companies that are noncompliant; the Industrial Commission does not collect the information on its own.
Under the bill passed by the General Assembly on Thursday, though, the information used for the investigation would have been shielded from public view.
Rep. Dale Folwell, a Forsyth Republican and one of the bill's primary sponsors, said in an interview the goal is to protect confidentiality of companies providing information to the Rate Bureau. The confidentiality law would be the same as that governing the Department of Labor, he said.
"What I desire is that once we figure out someone has really dropped their coverage, once a case is open, it's all open records," Folwell said.
Gov. Bev Perdue is still reviewing the bill, according to spokesman Mark Johnson.
An investigation by The News & Observer in April revealed that tens of thousands of North Carolina employers had no workers' compensation insurance and that few faced repercussions, in large part because the state often learns about noncompliant companies when a worker is hurt and appealing for help.
The Rate Bureau, a group of insurance companies that among other things sets the rate for workers' compensation insurance, informs the state-led Industrial Commission of companies that are noncompliant; the Industrial Commission does not collect the information on its own.
Under the bill passed by the General Assembly on Thursday, though, the information used for the investigation would have been shielded from public view.
Rep. Dale Folwell, a Forsyth Republican and one of the bill's primary sponsors, said in an interview the goal is to protect confidentiality of companies providing information to the Rate Bureau. The confidentiality law would be the same as that governing the Department of Labor, he said.
"What I desire is that once we figure out someone has really dropped their coverage, once a case is open, it's all open records," Folwell said.
Gov. Bev Perdue is still reviewing the bill, according to spokesman Mark Johnson.
Thursday, June 21, 2012
Firefighters turned their hoses on New South Wales Parliament as thousands walked off the job in protest against changes to WorkCover.
About 250 stations around the state closed in the first general strike since 1956.
Fire trucks lined up outside State Parliament after the industrial action began at 1:00pm (AEST), with crews also spraying the building with their hoses.
Firefighters met in Sydney, Newcastle and Wollongong this morning and voted to strike over the legislation to overhaul WorkCover.
Firefighters said they would not respond to emergency calls.
The State Government said Rural Fire Service volunteers were strategically placed throughout Sydney and other centres to respond to fires.
The secretary of the Fire Brigade Employees' Union, Jim Casey, said his members strike very rarely.
"It's a dangerous industry and, be you paid or unpaid, you deserve to be covered," Mr Casey said.
"For the life of us we cannot understand why the O'Farrell Government wants to run a two-speed approach on this.
"It doesn't really matter who is putting the fire out in your house - they deserve some kind of protection.
"Unfortunately the Government doesn't see it that way."
PHOTO: Fire trucks began arriving at the NSW Parliament soon after the strike began. (ABC News: Sally Block)
Watering down
The Government is considering the firefighters' demands and has already agreed to change other aspects of the WorkCover legislation.
The anger of firefighters has been stoked by the Government's decision to exempt police from the changes.
Firefighters said they would call off the strike if Upper House amendments were passed exempting them and ambulance officers.
Premier Barry O'Farrell and senior Cabinet ministers held crisis talks to discuss the last-minute changes.
The leader of the Christian Democratic Party, Fred Nile, said he had secured agreement for several amendments, including a backdown on the Government's plan to remove cover for travel to and from work.
"The Government has agreed now that the journey claims will be included back in the legislation, and we're discussing with them regarding the fire brigade and the emergency workers," Reverend Nile said.
The bill passed the state's Lower House on Tuesday night and is still before the Upper House after a marathon debate last night.
The State Government insists Parliament will not rise for its winter break until the measures are through.
Wednesday, June 6, 2012
Injuries Covered By Worker Compensation Law
A worker who's been injured while working.within the scope of their employment.
For example, any workers comp injury suffered by an employee at the employer's place of business during working hours would be covered by workers comp law, but an injury that is sustained while traveling to or from work usually would not be covered.Monday, June 4, 2012
Workers’ Comp. - The Do’s and Don’ts
With an injury on the job, you have entered into
the world of Workers’ Compensation. A maze of laws and regulations
that most people have no idea even existed prior to their injury. “Workers’ Comp.”,
as we call it, is a world of its own, with a very different set of
legal rules and laws than in other personal injury cases.
What’s worse is business and insurance groups are constantly at work, trying to change the rules and limit your rights and benefits. Thus, even if you may think you know the rules regarding Workers’ Compensation, it’s highly likely that everything you know has already changed.
With 21 years of experience, it’s my job to stay on top of all the changes so that I can protect your rights and win your case.
As such, I have prepared the following list of Do’s and Don’ts to assist you in case you are ever injured on the job.
DO’s:
1. Immediately after the accident, do not try to move if you are hurt. Call for help to get up and for assistance. Insist on an ambulance and immediate medical care if the injury causes substantial pain or appears serious.
2. Identify witnesses to the accident (names, addresses and phone numbers). Insurance companies have become very aggressive in denying claims. Thus, more than ever we need to have witnesses corroborate our claims.
3. Report the accident or injury as soon as possible to your supervisor. Very often injured workers don’t want to be “whiny”; they try to “shake off” the pain, maybe go home and take Ibuprofen and hope it goes away. Then, after a few days, when the pain is increasing in severity, they decide they need to report it. This is not a good idea. Employers are actually much, much happier if they know about something right away. They become skeptical when a worker comes in after a weekend and reports an injury from Friday. Thus, my advice, report right away.
4. Be very thorough reporting to your Employer and to the Work Comp Doctor all of the parts of the body that you think were in any way hurt or injured in an accident. You will likely be limited to treatment only on the parts of the body you reported promptly. Again, often injured workers are only focused on the “main injury” and fail to report the “less injured” parts until later. This too is not a good idea. For example, I am representing a Nurse who fell down a flight of stairs. She severely broke her ankle, which was the main injury. She didn’t report that her back too was bothering her, because she was so focused on the ankle. Six weeks later, when the back was still very sore and getting worse, she told her Doctor and Employer about it. They denied the back and are trying to use it against her that she didn’t report it at the time. Thus, report everything.
5. Be sure an accident report is filled out and you get a copy, even on “minor injuries”. I have a case currently pending in which the Employer denied ever receiving an accident report. Fortunately, my client is a saver, and she still had her copy. Once we produced it to them, their tune quickly changed. Thus, keep your accident reports.
6. There are very strict timeframes in which you must report the injury, its best to do it immediately. However, do not be misled by Employers who tell you that if you don’t report it immediately, it is not accepted under Workers’ Comp. In Missouri, the worker has 30 days to report the injury to the Employer. No Employer can reduce that time limit.
7. Seek medical assistance immediately if pain persists. In Missouri, the Employer has the right to choose the medical provider; however, if they fail to provide treatment or deny treatment, the worker may choose the medical provider and the Employer/Insurer will be responsible for payment. You must keep all appointments, and follow the medical treatment or your benefits can be terminated.
8. Obtain all available information on your employer's Workers' Compensation insurer. Contact them as early as possible to make certain your benefits are being paid. However, be wary giving a recorded statement to the claims adjuster. The Insurance Companies are looking for ways to deny your claim or limit your benefits. If the questions are not answered very carefully, the case can be denied. The adjusters are very good at asking questions that can lead an injured worker into saying something that can be used to deny their claim. Thus, my advice, before you give your recorded statement, speak to an attorney experienced in Workers Comp. or have one present. Find out if there are any specific tricks or traps that you should be wary of.
9. If you are unable to work after three (3) days, request (in writing) that Workers' Compensation benefits be started as of the fourth day. In Missouri, your weekly benefits are 2/3 of your average weekly wages up to a maximum set by the State; this is calculated from your gross salary before taxes. Do the calculations yourself, do not just go by the calculations of the insurance adjuster, they are often wrong.
10. If the insurance company does not begin making payments on your medical bills or refuses to authorize treatment, or if weekly benefits are not being paid, consult an attorney immediately. Do not wait.
11. If a Nurse Case Manager is assigned to your case, remember, she is not your friend. She works for the insurance company. Everything you say will be relayed back to the Insurance Company and used against you. Do not offer her any unnecessary or personal information. Further, the Nurse Case Manager does not have the right to be in the examination room with you.
12. In Missouri, we have a Statute of Limitations. This means that your case will be closed 2 years after the injury or the date of the last benefit paid unless a Form 21 is filed. Be very, very, very careful here. If you are anywhere near the 2 year mark, consult a Workers’ Comp. attorney.
13. When hiring an attorney, be sure the attorney is a Workers’ Comp. specialist. Ask the attorney about his or her experience!
Workers’ Compensation is a highly specialized area of law. The laws change quickly and are actually quite complex. It is not an area of law that attorneys should just “dabble in”. The Insurance Companies MUST have a lawyer representing them in Missouri. Their lawyers are Work Comp specialists. Make sure your lawyer is as well. Write down all questions you may have prior to interview and don't hesitate to interview several attorneys and compare. A good attorney should provide free consultations. Make sure you are comfortable with the lawyer. You will be spending quite a bit of time with him or her if your case is serious. You ought to like him or her and feel confident in your choice.
14. Once you hire an attorney, expect excellent service. Go for the best. The fee for a lawyer is based on the settlement they receive you. The better the lawyer, the more you will be compensated on your case. Thus, why settle for a lawyer less than excellent. Expect respect from the lawyer and his or her staff. Do not tolerate rudeness, or impersonal service. Expect to have your case handled promptly and personally. Do not settle for a lawyer that doesn’t care about you or your case. If you are unhappy with your attorney, remember, you are the boss. You can terminate your contract at anytime. It should not cost you anything to terminate the services of a lawyer whom you are unhappy with. The lawyer will be paid for his time on the case, out of the next lawyer’s fee, you do not pay double.
DON'Ts:
1. Don’t be talked into not reporting the accident. Some employers will pressure injured workers to run medical bills under their health insurance to help their “safety streak”. This always backfires and could wind up costing you a lot of money. Your personal health insurance is not required to pay for work injuries. They can and will deny payment or if they already have paid, many will seek to be reimbursed for their costs. Under the law, Employers must have work comp insurance or be self- insured. It is the Workers Comp. Insurance Company’s responsibility to pay for work injuries.
2. Don’t sign a medical release allowing the Insurance Company obtain all of your personal health records . They are not entitled to these, and they will go on fishing expeditions to find anything they can to deny your case or limit your benefits. As well, again, do not give statements to unnecessary parties without discussing with an attorney first or without an attorney present. The insurance company is always looking for ways to deny your claim. They know the questions to ask that will allow them to get off the hook.
3. Don’t sign releases or checks with release language printed on them.
4. Don’t settle your case unless you are absolutely sure your condition is as good as it’s going to get. Many insurance companies want to rush you through, have you sign off on a nominal settlement, just so they can close your file. Once you settle, your case is closed forever and you cannot obtain additional treatment, you cannot get anymore benefits.
5. Don’t settle your case unless you consult with a Workers’ Comp. specialist attorney and had your rights explained to you. A fair and ethical attorney will tell you honestly if the settlement offer is fair or unfair. He or she will review the likelihood of obtaining additional money, and explain the pros and cons of hiring an attorney.
6. Don’t discuss your case with unnecessary people. I have seen several instances over the years where co-workers, neighbors and even disgruntled family members have tried to sabotage a worker’s case out of spite and jealousy. Never discuss your legal case even with your personal doctor, the Work Comp doctor, the workers in the doctor’s office, or the nurse case manager assigned to your case. They are all agents of the Insurance Company, and they will report anything they can to help the company.
The above are just a handful of recommended Do’s and Don’ts regarding work injuries. In the end, if you have any questions or are in doubt about anything, do not guess. Call a Work Comp lawyer and set up a free consultation before you get in over your head, not after. Best of Luck.
What’s worse is business and insurance groups are constantly at work, trying to change the rules and limit your rights and benefits. Thus, even if you may think you know the rules regarding Workers’ Compensation, it’s highly likely that everything you know has already changed.
With 21 years of experience, it’s my job to stay on top of all the changes so that I can protect your rights and win your case.
As such, I have prepared the following list of Do’s and Don’ts to assist you in case you are ever injured on the job.
DO’s:
1. Immediately after the accident, do not try to move if you are hurt. Call for help to get up and for assistance. Insist on an ambulance and immediate medical care if the injury causes substantial pain or appears serious.
2. Identify witnesses to the accident (names, addresses and phone numbers). Insurance companies have become very aggressive in denying claims. Thus, more than ever we need to have witnesses corroborate our claims.
3. Report the accident or injury as soon as possible to your supervisor. Very often injured workers don’t want to be “whiny”; they try to “shake off” the pain, maybe go home and take Ibuprofen and hope it goes away. Then, after a few days, when the pain is increasing in severity, they decide they need to report it. This is not a good idea. Employers are actually much, much happier if they know about something right away. They become skeptical when a worker comes in after a weekend and reports an injury from Friday. Thus, my advice, report right away.
4. Be very thorough reporting to your Employer and to the Work Comp Doctor all of the parts of the body that you think were in any way hurt or injured in an accident. You will likely be limited to treatment only on the parts of the body you reported promptly. Again, often injured workers are only focused on the “main injury” and fail to report the “less injured” parts until later. This too is not a good idea. For example, I am representing a Nurse who fell down a flight of stairs. She severely broke her ankle, which was the main injury. She didn’t report that her back too was bothering her, because she was so focused on the ankle. Six weeks later, when the back was still very sore and getting worse, she told her Doctor and Employer about it. They denied the back and are trying to use it against her that she didn’t report it at the time. Thus, report everything.
5. Be sure an accident report is filled out and you get a copy, even on “minor injuries”. I have a case currently pending in which the Employer denied ever receiving an accident report. Fortunately, my client is a saver, and she still had her copy. Once we produced it to them, their tune quickly changed. Thus, keep your accident reports.
6. There are very strict timeframes in which you must report the injury, its best to do it immediately. However, do not be misled by Employers who tell you that if you don’t report it immediately, it is not accepted under Workers’ Comp. In Missouri, the worker has 30 days to report the injury to the Employer. No Employer can reduce that time limit.
7. Seek medical assistance immediately if pain persists. In Missouri, the Employer has the right to choose the medical provider; however, if they fail to provide treatment or deny treatment, the worker may choose the medical provider and the Employer/Insurer will be responsible for payment. You must keep all appointments, and follow the medical treatment or your benefits can be terminated.
8. Obtain all available information on your employer's Workers' Compensation insurer. Contact them as early as possible to make certain your benefits are being paid. However, be wary giving a recorded statement to the claims adjuster. The Insurance Companies are looking for ways to deny your claim or limit your benefits. If the questions are not answered very carefully, the case can be denied. The adjusters are very good at asking questions that can lead an injured worker into saying something that can be used to deny their claim. Thus, my advice, before you give your recorded statement, speak to an attorney experienced in Workers Comp. or have one present. Find out if there are any specific tricks or traps that you should be wary of.
9. If you are unable to work after three (3) days, request (in writing) that Workers' Compensation benefits be started as of the fourth day. In Missouri, your weekly benefits are 2/3 of your average weekly wages up to a maximum set by the State; this is calculated from your gross salary before taxes. Do the calculations yourself, do not just go by the calculations of the insurance adjuster, they are often wrong.
10. If the insurance company does not begin making payments on your medical bills or refuses to authorize treatment, or if weekly benefits are not being paid, consult an attorney immediately. Do not wait.
11. If a Nurse Case Manager is assigned to your case, remember, she is not your friend. She works for the insurance company. Everything you say will be relayed back to the Insurance Company and used against you. Do not offer her any unnecessary or personal information. Further, the Nurse Case Manager does not have the right to be in the examination room with you.
12. In Missouri, we have a Statute of Limitations. This means that your case will be closed 2 years after the injury or the date of the last benefit paid unless a Form 21 is filed. Be very, very, very careful here. If you are anywhere near the 2 year mark, consult a Workers’ Comp. attorney.
13. When hiring an attorney, be sure the attorney is a Workers’ Comp. specialist. Ask the attorney about his or her experience!
Workers’ Compensation is a highly specialized area of law. The laws change quickly and are actually quite complex. It is not an area of law that attorneys should just “dabble in”. The Insurance Companies MUST have a lawyer representing them in Missouri. Their lawyers are Work Comp specialists. Make sure your lawyer is as well. Write down all questions you may have prior to interview and don't hesitate to interview several attorneys and compare. A good attorney should provide free consultations. Make sure you are comfortable with the lawyer. You will be spending quite a bit of time with him or her if your case is serious. You ought to like him or her and feel confident in your choice.
14. Once you hire an attorney, expect excellent service. Go for the best. The fee for a lawyer is based on the settlement they receive you. The better the lawyer, the more you will be compensated on your case. Thus, why settle for a lawyer less than excellent. Expect respect from the lawyer and his or her staff. Do not tolerate rudeness, or impersonal service. Expect to have your case handled promptly and personally. Do not settle for a lawyer that doesn’t care about you or your case. If you are unhappy with your attorney, remember, you are the boss. You can terminate your contract at anytime. It should not cost you anything to terminate the services of a lawyer whom you are unhappy with. The lawyer will be paid for his time on the case, out of the next lawyer’s fee, you do not pay double.
DON'Ts:
1. Don’t be talked into not reporting the accident. Some employers will pressure injured workers to run medical bills under their health insurance to help their “safety streak”. This always backfires and could wind up costing you a lot of money. Your personal health insurance is not required to pay for work injuries. They can and will deny payment or if they already have paid, many will seek to be reimbursed for their costs. Under the law, Employers must have work comp insurance or be self- insured. It is the Workers Comp. Insurance Company’s responsibility to pay for work injuries.
2. Don’t sign a medical release allowing the Insurance Company obtain all of your personal health records . They are not entitled to these, and they will go on fishing expeditions to find anything they can to deny your case or limit your benefits. As well, again, do not give statements to unnecessary parties without discussing with an attorney first or without an attorney present. The insurance company is always looking for ways to deny your claim. They know the questions to ask that will allow them to get off the hook.
3. Don’t sign releases or checks with release language printed on them.
4. Don’t settle your case unless you are absolutely sure your condition is as good as it’s going to get. Many insurance companies want to rush you through, have you sign off on a nominal settlement, just so they can close your file. Once you settle, your case is closed forever and you cannot obtain additional treatment, you cannot get anymore benefits.
5. Don’t settle your case unless you consult with a Workers’ Comp. specialist attorney and had your rights explained to you. A fair and ethical attorney will tell you honestly if the settlement offer is fair or unfair. He or she will review the likelihood of obtaining additional money, and explain the pros and cons of hiring an attorney.
6. Don’t discuss your case with unnecessary people. I have seen several instances over the years where co-workers, neighbors and even disgruntled family members have tried to sabotage a worker’s case out of spite and jealousy. Never discuss your legal case even with your personal doctor, the Work Comp doctor, the workers in the doctor’s office, or the nurse case manager assigned to your case. They are all agents of the Insurance Company, and they will report anything they can to help the company.
The above are just a handful of recommended Do’s and Don’ts regarding work injuries. In the end, if you have any questions or are in doubt about anything, do not guess. Call a Work Comp lawyer and set up a free consultation before you get in over your head, not after. Best of Luck.
Monday, May 14, 2012
Workers Comp Laws vary State to State
These law vary from state to state, some
workers who have been injured on their job where there are four
or more employees may receive medical care and financial
compensation without having to prove the employer was at fault
in the accident. In fact, if the worker compensation law apply
under the circumstances, then these laws are the workers only
remedy, and the employee cannot sue an employer for injuries
received on the job laws vary from state to state.
Worker Comp Law is a system of laws that
protect an employer from liability from employees when they
sustain workers comp injuries while at work or sustain work
related diseases. Pain and suffering are not included in
calculating an employees right to limited workers comp. The
workers compensation tables vary from employee to employee, and,
state by state.
They usually include a need for review by a
workers compensation board and are calculated by an analysis of
the injury, whether it be specific or general, or, temporary or
permanent. But this is an area where the simplicity of its
function and purpose can be its complexity.
You have the responsibility to tell the
doctor how you were injured and if you believe the injury may be
work related, and whether it may be worker compensation related
injury before receiving medical treatment the insurance company
has the right to terminate benefits on your claim till the
workers compensation board reviews you claim and makes a
temporary decision based on the facts. Compensation Lawyers are
knowledgeable of this law and its complexity
What is Workers Compensation Law
These law vary from state to state, some
workers who have been injured on their job where there are four
or more employees may receive medical care and financial
compensation without having to prove the employer was at fault
in the accident. In fact, if the worker compensation law apply
under the circumstances, then these laws are the workers only
remedy, and the employee cannot sue an employer for injuries
received on the job laws vary from state to state.
Worker Comp Law is a system of laws that
protect an employer from liability from employees when they
sustain workers comp injuries while at work or sustain work
related diseases. Pain and suffering are not included in
calculating an employees right to limited workers comp. The
workers compensation tables vary from employee to employee, and,
state by state.
They usually include a need for review by a
workers compensation board and are calculated by an analysis of
the injury, whether it be specific or general, or, temporary or
permanent. But this is an area where the simplicity of its
function and purpose can be its complexity.
You have the responsibility to tell the
doctor how you were injured and if you believe the injury may be
work related, and whether it may be worker compensation related
injury before receiving medical treatment the insurance company
has the right to terminate benefits on your claim till the
workers compensation board reviews you claim and makes a
temporary decision based on the facts. Compensation Lawyers are
knowledgeable of this law and its complexity.
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