What Can I Do If Workers Compensation Payments Are Not Enough?

There are many people today that find that their workers compensation payments are insufficient and are looking for something else to supplement their income. There are all kinds of different ways to make sure that you are taking care of yourself if the funds are not enough. If you've suffered an accident and are unable to work, sometimes it can be very hard to make ends meet financially with what you are receiving in the form of workers compensation payments.

Have Disability Insurance in Place

You may want to consider having a separate disability insurance plan in place. It may be prudent of you see what sort of policies are on offer; these payments will invariably supplement any short fall that you're not receiving from your workers compensation payments. Get an independent insurance adviser to give you advise on this matter; you may be surprised how reasonable a top up plan can be.

See About other duties at work

In many cases when an employee has been injured and claims workers compensation benefits, that employee is often encouraged to go back to work part time for lighter duties. In some cases, the employer is also encouraged to retrain that employee in another area that they could perform with relative ease, once sufficient training has been provided. Ask you employer if there's anything you do in this area, or anything you can retrain in.

Sue for Damages

If you have been seriously injured and the benefit payments are proving totally insufficient, you may wish to consider suing for damages. It this is a course of action you are contemplating and wish to pursue; then it's imperative that you find a lawyer that specializes in this area. A lot of lawyers will offer a no win, no fee option if you feel you can not afford such council.

Government Disability payments

If you feel that you may be on workers compensation for a longer period of time than you originally expected, then it may be worth considering seeking disability payments that are available through the government. Options like this may help you actually get your income brought up to a level that you feel you can live on. Without it, you may find that your income is just too low and you aren't going to be able to get what you need with a compensation claim.

Sometimes, workers compensation payments are just not enough and you are going to want to find out what other options are available to you. There are all kinds of options out there with lots of different ways for you to increase your income. After all if you do suffer an accident, you want to make sure that you are able to support yourself or your family, if you can't make it on the budget that your claim has provided to you.

6 Strategies to Ensure Employees Return to Work Following a Work Comp Injury

The Link between Worker's Comp and the ADA

In 2009, The U.S. Equal Employment Opportunity Commission (EEOC) announced a record-setting consent decree settling a class action lawsuit against Sears, Roebuck and Co. under the Americans with Disabilities Act (ADA) for $6.2 million. The EEOC's suit alleged that Sears maintained an inflexible workers' compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA.

This case highlights the importance of having a proactive return to work program that addresses the ADA accommodation requirements. When employees are injured on the job, employers must have a plan that addresses return to work options and ADA accommodations.

Return to Work Strategies

Normally, when employees are released to work following a worker's comp injury, they will return to their previous position. However, employees may have an occupational injury or illness where they are released to work but can't perform all of the essential functions of their regular job or need an accommodation.

When creating return to work opportunities consider several strategies. Think "out of the box" in your approach to getting employees back to the workforce. There are many tasks to keep workers productive and involved in the workforce.

1-Prepare a physical binder

Create a binder full of alternative job descriptions within the company or sister companies that employees can easily access. Have Human Resources regularly update the binder with all job openings, full and part time, temporary and permanent. Make sure the supervisor and the employee are aware of the binder and regularly check it for openings.

2-Promote internal onlinejob listing resources

As with the physical binder, make sure there is an on-line job listing resource that the employee can access. Email all job openings to the employee in addition to what is available in the physical binder.

3-Create a return-to-work resource center

Have your Human Resources Department encourage the injured employee that they are wanted back at work. Make sure that HR is a resource to support the employee in creatively finding a way to return to work, even if it is in another position more compatible with the employee's limitations. Have HR consult with the employee about any reasonable accommodations that would make it possible for the employee to return to work in any available positions. Have a written Return to Work Policy so that all management and supervisors understand the goals and methods of having employees successfully return to work.

4-Consider outside resources to accommodate transitional duty workers

Vocational rehabilitation (voc rehab). Voc rehab is a federally funded agency in every state that offers vocational rehabilitation, employment opportunities and independent living services for disabled people. The programs vary by state but may include medical, psychological and vocational assessments, counseling services, therapy, training, job placement and rehabilitation.

The Job Accommodation Network (JAN) provides free consulting services to employers.. Services include one-on-one consultation about all aspects of job accommodations, including the accommodation process, accommodation ideas, product vendors, referral to other resources, and ADA compliance assistance. https://askjan.org/empl/index.htm. JAN has several on-line tools and publications to help employers accommodate employees with a disability.

Occupational Health & Safety Administration (OSHA) regulates safety compliance in the workplace. In some instances, OSHA safety regulations may prevent certain accommodations for an injured employee. OSHA has a website that employers can consult for guidance. Sometimes OSHA will publish bulletins with innovative safety accommodation ideas, e.g. how to safely accommodate employees with hearing loss injuries. http://www.osha.gov/dts/shib/shib072205.html.

5-Encourage volunteerism and partner with local employment agencies or volunteer groups to enhance workers' options.

Often employers want to offer modified duty but do not have appropriate positions available. Some states have Workers Compensation Funds that have partnered with charitable organizations to offer a return-to-work plan that provides modified duty for injured employees. These plans can lower claims costs, decrease workers' compensation insurance costs and increase morale.

In addition, employers who do not have appropriate position available may want to partner with local employment agencies that may have appropriate temporary or permanent positions available for the employee.

6-Consider home-based employment

Telecommuting may be a reasonable accommodation under the ADA for an injured or ill worker. Have HR consult with the supervisor and the employee to see if there are any tasks that the employee can perform from home on a temporary or permanent basis.

Common Mistakes Workers Make

When people get hurt at work, they quickly become overwhelmed and make choices that can hurt the possibility of collecting compensation settlement later on. These mistakes are easy to make and are very common. Here we've outlined those mistakes and also given you tips on how to avoid them so that you can get the compensation money you rightly deserve to aid your recovery.

One mistake people make is they become too emotional right after the onset of an injury. They're upset and rightfully so, they've just been hurt, and they've done nothing to deserve their injury, they can very easily also become very angry. They may say things to their employer that they shouldn't. They make threats that put their employer on the defense and not on their side. The thing is, when you get hurt at work, you need your employer's cooperation to ensure that your workers compensation case moves forward smoothly and without obstruction. A spiteful angry or defensive employer can do a lot to keep your case from moving forward as it should. In the beginning, your employer will need to give a statement of what happened to you to the insurance company and in some cases, to your lawyer. They can deliberately prolong this process if they're angry or not concerned about you. Stay on the good side of your employer and they will be more likely to help you bring closure to your claim.

Another thing people do that can hurt their case is they refuse medical treatment right after the incident. This hurts your case in so many ways. Firstly, it diminishes your case because it makes it look like you didn't need to receive medical care. If you didn't seek medical help right away, the insurance company could look at that and think that your case is either a fraud or you don't really need financial assistance. If you've been hurt at work, never refuse treatment. Get it right away. Seek first aid at your work if you can or get others to help you. After you've received first aid, get to a doctor or the emergency room right away. Keep all of your medical records as you do so.

The third most common mistake people make in their claims is they fail to hire a lawyer if they've been hurt. They may think that they'll save money by not paying for a lawyer and handle their workers compensation case on their own. They may think they don't have a case, so they don't bother moving forward with their case let alone contacting a lawyer. Whatever the reason, contacting a lawyer will greatly increase the chances that you not only win your workers compensation case, but you may win more at the case or settlement than you would have alone. On top of that, lawyers that specialize on workers compensation cases usually don't charge a fee until you receive your settlement. There's no way you couldn't afford having a lawyer for your case.

There are many mistakes people make with their claims. Avoiding these common mistakes will greatly increase the chances of a smooth case that rewards you with a sizeable monetary amount and further you in a speedy recovery.

How To File A Claim For Workers Compensation

Workers compensation is like any other insurance, in that it's something that you don't typically think about until an accident happens, and then there's a pressing need to understand everything about it. Unlike a traditional insurance, you control very little if anything associated with it because you weren't the one who signed the policy, argued the clauses, or pay premiums every month. That's a task your employer takes care of; however, to file a claim, that ends up being a lot like a normal insurance. So how exactly do you file a claim for workers compensation?

First, it's important to know some of the legal issues with these programs. Workers compensation is something that's regulated by the States, and they have control over how the procedures work. For example there are deadlines that you need to be aware of. Typically, when you get injured at work, you need to let your employer know as soon as possible. T hen, your claim needs to be sent fully filled in, and with all the supporting documentation, before the deadline. You also need to make sure that what happened to you is covered, and the amounts you're asking for are part of the policy. On average, incidents that occur at work, as part of your job description, are covered by workers' compensation. As for bills that will be paid off, these include any that are derived from that incident, including medical bills, and lost salary.

When it's time to fill in the claim, you need to get the form from your employer, and answer each question truthfully. Like any other insurance form, if you don't say everything and only truthful events, then your claim can easily be denied. To help your cause, it's strongly suggested that you include proof documents. This means doctor diagnostics, medical bills, photos if necessary, anything that will make it harder for your employer to deny your claim. Remember that your employer is the one that ends up paying for this, so they quite often don't want to pay. If they can find a reason to reject you, they will. So make sure you fill in the form completely, following the instructions on it, and include all the paperwork needed. Then, once it's all sent in, all you can do is simply wait for a reply. Your employer with its insurance company will send you a decision by writing, and if they denied your claim, you can then appeal the decision. If that still doesn't work, then you may have to look into getting yourself a workers' compensation attorney.

Overall, filling in the paperwork needed for workers compensation isn't that difficult. It simply requires a truthful mind and some supporting documentation, which is why at every step of the way you need to document everything, so that when the time comes to prove to your boss that you need that money reimbursed, they won't have a choice but to agree.

Do I Need a Lawyer to Claim Workers Compensation?

When an on the job injury happens, it is very important to understand what rights you have. One of those rights is that you can file a claim if the company had insurance coverage. A lot of people wonder how to do this and if filing a compensation claim to make sure that they get what they need is very important. You want to make sure that you are doing it correctly so that the claim gets processed the first time.

Filing the Injury Report

The first thing that you will do before you file a compensation claim is that you need to file the injury report. This means that you need to be sure that you are getting all the details of how the injury occurred and what happened next. The injury report is the first part to getting your workers compensation claim through, so you need to make sure that it is accurate and that it has all the details that it needs to have.

Fact Finding By the Company

At the point that the company you are working for starts to dig into the workers compensation claim, you may choose to get representation. It isn't required to have it, but sometimes, people feel more comfortable knowing that they have representation so that if there is questioning or issues their attorney is able to help them out and give them all of the information that they need to give the company the best answers.

A Denied Workers Compensation Claim

One of the most important times in the workers compensation process when you do need to retain a lawyer is if your claim is denied. If your claim for workers compensation is declined, you are going to need an attorney to help you file an appeal and look over everything to help you get what you definitely deserve, retain counsel for this.

Fighting a Claim in Court

Do not bother going to court for a workers compensation claim without a lawyer. If you are at the point where you are actually fighting your workers compensation claim in court, you need to have counsel. You don't want to be on your own without compensation so that you don't lose your case on something really stupid and little. Make sure that you have an attorney that will fight for you and help you get what you need so that you are covered and that you get the money that you deserve for being hurt on the job.

It is very important that you get what you need out of your workers compensation plan since your income may depend on it. Knowing how to fight a claim and when you are going to need counsel to help you out is very important. Make sure that you are on to of what attorneys to hire and what attorneys are going to get the job done for you and help you get your settlement as soon as possible.

Protocols for Reporting Workplace Injuries

Different businesses may have different protocols or procedures for on-the-job accident reporting, but in general, most companies follow these simple procedures:

· Report an incident immediately when it occurs

· Fill out the proper forms, if possible

· See a doctor (if required)

Report immediately

In the event of an on-the-job accident, the injured party should obtain first aid as needed and notify the immediate supervisor of the incident as soon as practical; the immediate supervisor should then notify Human Resources of the incident as soon as possible.

Fill out forms

Notice of an accident must be sent to Human Resources Department, or the person responsible for employees at the firm. The forms should be returned to Human Resources within 24 hours of the accident. The immediate supervisor should ensure that all materials, both from the injured employee and the immediate supervisor, are properly completed and returned in a timely manner in order to get the claims swiftly processed.

Doctor's Examination

If an employee loses time from work (other than for immediate medical attention) as a result of an on-the-job accident, a written doctor's release is required before this person is allowed to return to work.

The release should specifically indicate any work limitations imposed on the individual as a result of the injury, such as restrictions against lifting in a back injury case. If the employee's return is on a restricted basis, a written schedule of duties and hours, if appreciably altered, should be prepared by the immediate supervisor and signed by both the employee and the immediate supervisor.

Upon receiving the written release along with the statement of restricted duties, forward the documents to Human Resources or the persons in charge of handling worker's comp claims. If, upon returning to work, the injured employee requires further medical attention as a result of the original on-the-job accident, the employee should obtain authorization for this additional treatment from the proper department handling their claim.

Workers' Compensation

Workers' Compensation provides coverage for both medical expenses and wages for any employee who sustains an injury in the performance of duty. Under the law, payment of monetary compensation (lost time wages) is warranted to the injured employee as long as medical evidence indicates that the employee is totally or partially disabled and has sustained a wage loss due to the injury.

Workers' Compensation procedures should stipulate that all injuries, even those of a seemingly minor nature like a scratched finger or a bumped knee, be officially reported. Sometimes the so-called minor injury develops into a serious, complicated condition. Any work-related injury that requires a physician's attention and/or caused absence from work must be officially reported. This includes any type of injury, no matter how seemingly insignificant, should be officially reported in detail; any automobile accident, that is work-related, no matter how seemingly insignificant, should be officially reported.

Insurance For Early Retirees

When a person completely stops employment that situation is referred to as retirement. Retirement usually takes at a certain age usually at the age of 58 yrs. However sometimes, a person due any reason may retire before the age of 58-64 yrs; this is commonly known as early retirement. One can retire early due to total disability, due to mental health, due to a criminal offence etc. While working for a company an employee gets benefits such as group health insurance, group auto insurance etc.

Once a person retires early, he is no longer eligible for group insurance policies, has to take individual policies. However the premiums of individual policies cost more

Finding group coverage: Once you have retired for any reason the first thing that you can check is the group health insurance policy of your spouse and see if you are covered by that policy. Other option is to find a trade group which offers a cheaper alternative to an individual health insurance policy.

If you aspire to the lifestyle of a "perpetual student", you may be able to get low-cost comprehensive health insurance from a college or university. At some institutions, taking as little as one or two courses per semester is enough to show "progress" towards a degree and keep your health coverage in force. Paying in-state tuition at a community or state college is a small price to pay for access to this benefit if you are shut out of other avenues.

Individual health policies Individual health insurance policies are among the most complicated insurance products out there. They are difficult to shop for and hard to evaluate once you do find one. Your employer probably had a staff of experts handling the search for health insurance when you were working. This task falls on you since you're retired.

The Internet is a convenient place to start your search. You should also contact an insurance agent in your area that specializes in individual life and health policies. If you have any pre-existing conditions, your agent may know which companies offer the most favorable rates to individuals with your health history.

Travel insurance: If you plan to spend a lot of time traveling in foreign countries, vacation or "travel" health insurance may be a palatable option. These policies have all kinds of exclusions and may not cover a dreaded "preexisting condition", but they are generally inexpensive. A diligent shopper may find a bargain here.

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