Independent Contractors Misclassified to Avoid Workers Comp

Employers Criticized for Misclassifying Independent Contractors to Avoid Workers Comp Premiums, Taxes Under traditional employment terms, employers pay for workers comp insurance coverage for their employees. However, with independent contractor status, the employee is not a direct employee of the company they receive paychecks from, which means the employer does not have to cover federally-regulated employee benefits like workers comp. Recently, numerous businesses, from construction companies to hospitals to strip clubs, have faced heavy … [Read more...]

Man Entitled to Workers Comp for Kickball Injury

Workers Comp Should Pay for  Kickball Injury South Carolina’s high court ruled that a man, who was required to go to a company kickball game, is entitled to workers comp to help pay for medical expenses from a kickball injury. On Wednesday, August 27th, the state Supreme Court ruled that Stephen Whigham was required to attend the game as part of his job with Jackson Dawson Communications. The kickball game was a team-building activity for employees, which meant that all employees were required to participate in the sport. During the … [Read more...]

Physicians Make Difference in Workers Comp Costs

Self-Interested Physicians Drive Up Workers Comp Costs in Some States A study of three states conducted by the Workers Comp Research Institute revealed that high mark-ups for physicians and physician-dispensed drugs was largely responsible for increases in workers comp costs. The study looked at workers comp costs in Maryland, Pennsylvania, and Georgia. In both Maryland and Pennsylvania, lawmakers unsuccessfully attempted to curb physician dispensing of pharmaceuticals for workers comp insurance; in Maryland, 40% of prescriptions for … [Read more...]

Tennessee Rules Undocumented Workers Can Sue for Workers Comp

Tennessee Court Says Undocumented Workers Can Sue for Workers Comp A Tennessee Court of Appeals ruled on Wednesday, August 5th, that undocumented workers have the right to sue a former employer in the event of retaliation against their workers comp claims. The decision was based on the case of Ricardo Torres, who worked as a converter builder for auto supplier Precision Industries in Whiteville, TN. After five months at his job, Mr. Torres injured his back in January 2011. Although he was not legally authorized to work in the US at the … [Read more...]

NM Court Rules For Workers Comp Payment to Medical Marijuana

Appeals Court in New Mexico Rules Medical Marijuana Should Be Paid By Workers Comp A New Mexico Court of Appeals ruled recently that an employer’s workers comp coverage should go to pay for an injured worker’s medical marijuana. This is, so far, the first appellate court ruling in favor of medical marijuana treatment paid by an insurance company for a work place injury. The injured worker, George Vialpando, was working at Ben’s Automotive Services in Santa Fe in 2000 when he seriously injured his back. His physician testified that … [Read more...]

Detroit Teacher Files Workers Comp Claim After Student Fight

Detroit Teacher Who Broke Up Fight Between Students with Broom Files Workers Comp Claim for Trauma A Detroit public school teacher, who became famous after a video of her breaking up a fight between two students with a broom went viral, has filed a workers comp claim with her employers asserting that she now suffers post-traumatic stress disorder from the incident, rendering her unable to return to work. Tiffani Eaton, 31 years old, filed a workers comp claim on Thursday, July 9th, with the Education Achievement Authority, the group that … [Read more...]

SC Workers’ Compensation Claims: It’s Hot out There

Heat Related SC Workers' Compensation Claims It's no secret that the heat and humidity are a problem in South Carolina.  If you work outside, you are at risk of heatstroke and other related injuries, which leads to the discussion of SC Workers' Compensation Claims.  Not surprisingly, OSHA has launched a campaign to remind employers and employees about the dangers of heat and heatstroke that features three simple words: Water. Rest. Shade. Every year, the Occupational Safety and Health Administration launches a summer campaign targeted at … [Read more...]

Fear of Job Stability Affects Workers Comp Outcomes

Workers’ Fear of Job Loss Affects Workers Comp Outcomes Researchers looking at workers comp outcomes have identified job anxiety as a major factor in treatment and injury outcomes. “Better information about the predictors of poorer worker outcomes may allow payors and doctors to better target health care and return-to-work interventions to those most at risk,” said Dr. Richard Victor, executive director of the Workers Compensation Research Institute (WCRI), which looked at workers comp across eight states. The study, Predictors of Worker … [Read more...]

BP Sued for Failing to Pay Workers Compensation After Spill Clean-Up

BP Faces Lawsuit for Failing to Pay Workers Compensation After Oil Spill Clean-Up A company that helped provide clean-up services after the 2010 oil spill caused by BP’s Deepwater Horizon disaster has filed a lawsuit against the petroleum company for millions of dollars for failing to pay workers compensation costs. Fluor Corp. is suing British Petroleum (BP) for violating a contractual agreement and failing to pay litigation costs that Fluor incurred from workers comp claims. A subsidiary of Fluor agreed to help BP clean up the Gulf of … [Read more...]

Fines Issued To Apple Store Contractors

Apple Store Contractors Fined for Failing to Provide Workers Comp Coverage The Connecticut Department of Labor has issued fines against three contractor companies that work with a local Apple Store after discovering that the companies failed to provide workers comp coverage for their employees. The state agency said it would investigate other Apple stores and their employment contractors for potential workers' comp violations. Gary Pechie, the agency’s director of wage and workplace standards, said that the DOL put a “stop work” poster … [Read more...]