Independent Contractors Have No Workers Comp Benefits in the Sharing Economy In recent months, numerous independent contractors working for all kinds of businesses – from Google coders to exotic dancers to sharing economy employees – have filed lawsuits claiming that their employers are in violation of the Fair Labor Standards Act. Many companies have been accused of violating fair wage laws by hiring employees as independent contractors so that the companies pay less for employment taxes and health benefits. But independent contractors also … [Read more...]
Third-Party Liability in Workers Comp Claims
Workplace Accidents, Workers Compensation, and Third-Party Liability for Injuries on the Job When a worker is injured on the job, the obvious course of action is to file for workers compensation. Employers in every state in the US are required to pay for workers comp insurance to protect their workers. However, workers comp claims pay out medical care specifically related to the workplace injury and for lost wages. If egregious safety violations from the employer are the cause of the workplace injury or accident, then there are few safety … [Read more...]
UPS Driver Wins Workers Compensation After Hijacking
UPS Driver’s Truck Hijacked, Claimed Workers Compensation for PTSD, W. Va Supreme Court Awards the Compensation The Supreme Court of West Virginia has decided that a UPS worker, who filed a workers compensation claim due to PTSD suffered after his truck was hijacked, is entitled to workers compensation due to the physical nature of the injury. In August 2010, Jay Hannah’s UPS truck was hijacked by Joseph Dennis Harrison, who held Hannah at gunpoint and forced him to drive the Wirt County state police detachment. The events of the hijacking … [Read more...]
Ebola Could Be Covered by Workers Comp in Some Cases
Ebola Could Be Considered “Occupational Hazard” and Covered by Workers Comp for Some Jobs Thousands of people in Sierra Leone, Liberia, and Guinea have died after contracting Ebola in one of the worst outbreaks of this incredibly contagious disease seen so far. Other countries, including Nigeria, Senegal, Spain, and US also have a small number of cases, showing just how contagious this fluid-borne illness can be. As a second nurse in the United States has contracted Ebola from working with an Ebola patient, debate surges regarding safety … [Read more...]
Florida Workers Comp Law Declared Unconstitutional
Miami Judge Rules Against Florida Workers Comp Law A judge from the Miami area declared Florida’s workers comp laws unconstitutional on Wednesday, August 13th. Since 1968, workers comp in Florida has been the “exclusive” legal remedy in the event that an employee is injured on the job. However, starting in 1990, legislators began to chip away at the benefits offered by the system, justifying the reductions as measures to keep Florida competitive against other states when attracting businesses. Subsequently, workers who are injured on the … [Read more...]
Louisiana Workers Comp Bill Against Saints Shelved
Louisiana Shelves Workers Comp Bill Changing Rules for Football Louisiana lawmakers have decided to shelve a bill that would change workers comp rules for football players, after the debate between New Orleans’ Saints owner Tom Benson and the NFL Player’s Association became heated. Representative Chris Broadwater (R-Hammond) said on Tuesday, May 27th that the state’s lawmakers would shelve the workers comp proposal in the hopes that the team and its owner can come to an agreement instead. The proposed changes to the state’s workers comp … [Read more...]
Senate Bill Could Cut Workers Comp
Senate Bill Could Cut Workers Comp for All Federal Employees A bill currently in the US Senate proposes several changes to cut the costs of the US Postal Service, which lost $5 billion in the 2013 fiscal year. However, the bill makes some subtle proposal changes to the federal workers comp legislation, which could effect more than just postal service employees. The proposed bill, which has already been approved by Homeland Security and the Governmental Affairs Committee, proposes to cut some payments made through Federal Employees’ … [Read more...]
California Workers Comp Proposes to Track Opioid Prescriptions
California Division of Workers Compensation Proposes Guidelines for Opioid Prescription Coverage The California Division of Workers Compensation has posted proposed changes to the guidelines concerning workers comp coverage of opioid prescriptions used to treat worker injuries. “Opioid misuse is a national concern. California is on the forefront of providing appropriate care and improving outcomes by issuing these guidelines,” said Department of Industrial Relations Director Christine Baker. The guidelines were posted on the DWC’s online … [Read more...]
Massachusetts Says No to Workers Comp Rate Hike
After Battle, Massachusetts State Agencies Have Agreed to No Workers Comp Rate Increase Massachusetts state agencies and the state’s Workers Compensation Rating and Inspection Bureau have agreed not to raise workers comp rates after all. The state’s Attorney General, Martha Coakley, announced the settlement agreement on Friday, March 21st. She says the agreement will save Massachusetts businesses $75 million in workers comp rates. Originally, a 7.7% rate increase was proposed by the workers comp insurance industry, particularly large … [Read more...]
New Workers Comp Bill Could Protect Sandy Hook Victims
Witnesses and Victims of the Sandy Hook Shooting Could Receive Expanded Workers Comp Public employees and teachers who witnessed the horrible Sandy Hook school shooting could, thanks to a new bill passed by the Connecticut Legislature, receive expanded workers comp benefits. While some benefits were expanded just after the terrible tragedy in 2012, payments did not cover continued mental health treatment needed to help emergency workers and teachers at the school recover from their post-traumatic stress disorder and return to … [Read more...]