Florida Workers’ Compensation

May 15th, 2006 Posted by Jane

In Florida, workers’ compensation pays employee medical bills and other expenses and replaces part of their salary if they are injured while working. Employees should expect that if they are unable to work for more than seven days to be compensated for a portion of their lost wages, limited to the maximum as set by law.

As soon as they are notified by an employee, I know that an employer needs to determine whether an employee needs to be compensated, provide an authorized doctor, and pay for all authorized necessary care and treatment related to the worker’s injury. Authorized treatment and care may include doctor’s visits, hospitalization, physical therapy, medical tests, prescription drugs, prostheses, and travel expenses to and from the authorized doctor.

To be eligible to receive benefits, an injured worker must:

  • Contact a supervisor/employer immediately to notify them of an on-the-job injury.
  • Keep in communication with the claims adjuster, and complete and return forms to the insurance carrier when asked.
  • Keep appointments with the authorized doctor, and follow the doctor’s treatment plan.

Employees will be eligible for different types of wage replacement benefits, depending on the progress of the claim and the severity of the injury. These can include temporary total benefits, temporary partial benefits, permanent impairment benefits, permanent total benefits and death benefits.

Once an employee is injured at work or becomes aware of a workers’ compensation injury, they have 30 days in which to report the injury to their employer. Generally, they have two years from the date of an injury to file a claim. Failure to report an injury within 30 days may be used as a defense against a claim regardless of the two-year statute of limitations for filing a claim. An employee’s eligibility for benefits may also be eliminated one year from the date they last received a wage replacement check or an approved medical care/treatment.

If an employee hasn’t received benefits from an employer after following the steps above, I believe that they may file a petition with the Office of Judges of Compensation Claims. An employee is not required to have an attorney, but if they do hire an attorney to represent their workers’ compensation claim, the fees and costs may come out of the employees benefits, unless the employer or workers’ compensation carrier is held responsible for paying the attorney fees.

If an employee is unable to perform the skills required for their former job as a result of a work-related injury, they can contact the Department of Education, Division of Vocational Rehabilitation for free re-employment services. This information can be found on the Florida Complete Labor Law poster.

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Ohio Workers? Compensation Notice

May 12th, 2006 Posted by Nicole

I know there are a number of factors to take into consideration when thinking about workers’ compensation. Among these factors are: insurance requirements for private employment, number of employees for mandatory coverage, coverage for agricultural workers and domestic service workers, medical benefits provided, disability, burial and rehab (to name only a few.)

When doing some recent online searches for Ohio workers’ compensation information, I came across some information that was very helpful in gaining a better picture of all of the considerations that employers and states need to consider for this very important legal issue. In Ohio, employers are required to have compensation packages set up for workers, but there are, in rare cases, exceptions. These compensation packages can range in use for a variety of issues, such as dismemberment, death and injury.

In order to receive benefits, an employee must be on record for employment with the employer, as defined by Ohio law. I was particularly surprised to learn that a domestic service worker is covered for benefits if he or she earns only $160 in cash in any calendar quarter from a single household. Domestic labor generally refers to manual labor that is performed in the home, such as housekeeping. If the employee becomes injured, he or she may collect compensation. The employee is eligible to receive disability compensation for a total of 90 days.

In Ohio, the maximum amount of the benefit that the employer has to pay on just about every case is $704 a week for things such as permanent disability, temporary disability, death benefits for surviving family members and similar disabilities. This period, of course, expires after the 90 days. If the employee needs to stay on compensation, then he or she will be evaluated by the state.

Workers’ families are also compensated up to $5,000 for burial costs, should the worker die.

With so many descriptions and inclusions and exemptions to me it would seem the mandatory labor postings would be very helpful. I know having all of my labor information in an easily accessible location works the best for me. The Ohio Complete Labor Law poster reflects all the state, federal, and OSHA labor laws on one convenient poster.

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Idaho’s Worker’s Compensation program

May 1st, 2006 Posted by Jane

Idaho’s workers’ compensation insurance is a no-fault insurance policy, which provides wage loss and medical benefits to employees with a job-related injury or disease. Nearly every working Idahoan is protected by workers’ compensation insurance, as state law requires most employers to have workers’ compensation insurance.

I understand that if an employer is required to carry workers’ compensation insurance, the worker is covered from their first day of work. If a worker suffers a job-related injury or disease, he should:

  • Tell the employer immediately when, where, and how the injury happened. If possible, help fill out the “First Report of Injury or Illness” form. The employer should file this notice with the Industrial Commission.
  • Seek first aid and medical care, and tell the medical care provider that the injury or disease is job-related. The employer may have a designated physician for treating all work-related diseases or injuries except for emergency care. Ask the employer before seeking medical treatment.

My research shows that as part of the compensation plan, workers can expect to receive:

  • “Reasonable and necessary” medical care to treat job-related injury or disease. Such care usually includes, but is not limited to, payment for emergency medical care, doctor bills, x-rays, medications, hospitalization, crutches, and some travel expenses required for medical care.
  • Temporary or total disability benefits until they are released to return to work.  If an employee is able to return to part-time or modified work while still recovering from an injury, they may be entitled to temporary partial disability benefits.
  • If a worker dies of a job-related injury or disease, their surviving spouse usually receives benefits for 500 weeks, and children (up to a maximum of 3) ordinarily receive benefits until they are 18 years of age.

Idaho’s Workers’ Compensation Law does not require an employer to hold an employee’s job or rehire him after he recovers from injury or disease. However, Rehabilitation Consultants with the Idaho Industrial Commission can provide return-to-work assistance.

I understand that every employer who has obtained workers’ compensation insurance must post and maintain a notice stating that he has complied with the law in his place of business. The notice must contain the name and address of the insurance company with which the employer has secured payment of compensation. Failing to post and keep such a notice conspicuously displayed may be grounds for a misdemeanor charge. The Idaho Complete Labor Law poster is available with an area specifically for this information.

The Idaho Industrial Commission is the state agency, which administers the Idaho Workers’ Compensation Law.

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