Worker Compensation Case Law

In this article, our team of worker compensation lawyers discuss a notable case:

Smith vs workmen’s compensation commission

For the reasons stated, this Court is of the opinion that the decision of the Workmen’s Compensation Appeal Board was incorrect. — Smith v. State Workmen’s Compensation Commissioner, 219 S.E.2d 361, 367 (W. Va. 1975)

Marinduque vs workmen’s compensation

1956 case. In Marinduque, the deceased Mamador together with other laborers of the Marinduque Iron Mines Agents Inc. rode a truck driven by its employee Procopio Macunat and on its way to the mine camp at Talantunan, while trying to overtake another truck on the company road, it turned over and hit a coconut tree, resulting in the death of Mamador and injury to the others. under the circumstance, the laborer could not be declared to have acted with negligence since the prohibition had nothing to do with personal safety of the riders. Getting or accepting a free ride on the company’s haulage truck couldn’t be gross negligence – no danger or risk was apparent.

How workers compensation works

How workers compensation works varies depending on the jurisdiction and/or state. For example, typically as soon as an employee is injured or develops an occupational illness, they should report it to the employer. Each state has a different reporting period. Employers should make sure that employees know they have to report within the specified reporting period or they might not receive benefits for workers compensation.

After an injury is reported, business owners/employers should follow certain steps to ensure the workers compensation process like it is the employer’s job to provide the injured employee with information about the claims process, their Workers Compensation benefits, their rights, the appropriate forms, and the business’s insurance details.

The employer should direct the employee to seek medical assistance immediately – any delays can put their benefits at risk. The doctor should provide a medical report to file along with the employee’s injury claim. Along with any state-mandated paperwork, forms, and medical reports, the employee will need to file a claim with the employer’s workers compensation insurance company.  The employee and employer should pay close attention to reporting deadlines. It’s also good to know that you may be required to report any workplace injury or illness, even if it’s not eligible for Workers’ Comp benefits.

Your workers compensation insurance provider should either approve or deny the claim. If approved, the employee will receive benefits. Most workers compensation policies help pay for medical expenses, rehabilitation costs, and in instances sometimes two-thirds of their wages if an employee is unable to work for a certain amount of time. Before an injured employee returns to work, they may have to submit additional paperwork to workers compensation insurance acknowledging they’re able to work. The employer is often responsible for “re-training” the employee and taking precautions to prevent similar injuries.

How workers compensation is calculated

How workers compensation is calculated in Florida can vary and it is often best to discuss your particular case with an attorney before making any workers compensation calculation. Generally speaking, workers compensation is calculated to only pay a portion of your lost wages. For example, according to the TT (Temporary Total) Disability Calculator with the Florida Department of Financial Services, the amount of this disability benefit is determined by multiplying the injured worker’s Average Weekly Wage times 66 2/3% (.6667)..two-thirds of their wages if an employee is unable to work for a certain amount of time.

However, there is also a TP (Temporary Partial) Disability Calculator and an II (Impairment Income) Calculator as well with the Florida Department of Financial Services.  Also, impairment benefits can be paid at 75% of your average weekly temporary total benefits. This is normally your weekly compensation rate. If you return to work and are earning pre-injury wages, these benefits are reduced by 50%. Please refer to 440.15(3)(c), F.S. and 69L-3.01925, F.A.C.

There are also additional benefits which may include medical care, vocational rehabilitation, death benefits and there also limitations in workers compensation benefits. However, you should discuss your particular case with an attorney before making any workers compensation calculation as each case differs from one another.

How does workman’s compensation work?

How does workman’s compensation work is often asked and is typically explained as a type of insurance program that insures employees for illnesses and injuries that arise out of the job. … Injured employees receive a certain portion of their wages while they are off work for the treatment of such injury or illness, depending on state rules. Workman’s compensation works to provide compensation for an employee’s medical bills, lost wages, or rehabilitation, if they are injured on the job. Some policies also provide death benefits if an employee is killed while performing a job-related duty. Workers’ compensation is a no-fault insurance program, meaning that the injured employee does not have to go the traditional tort route of proving negligence in order to recover just that you were hurt at work. In exchange, typically, the employee generally cannot sue the employer for his or her injuries.

Are workmen compensation settlements taxable?

The question of whether workmen compensation settlements are taxable is a question best to be answered by a tax expert like a licensed CPA or even a tax attorney or lawyer. Often if proceeds are classified as a ‘loss of earnings’ or ‘lost wages,’ they may indeed be taxable. However, you should consult a tax expert regarding whether workmen compensation settlements are taxable.

Are workers compensation benefits taxable?

The question of whether workers compensation benefits are taxable is a question best to be answered by a tax expert like a licensed CPA or even a tax attorney or lawyer. Often if proceeds are classified as a ‘loss of earnings’ or ‘lost wages,’ they may indeed be taxable. However, you should consult a tax expert regarding whether workers compensation benefits are taxable.

How much is workman’s compensation insurance?

How much is workman’s compensation insurance varies. Workers’ comp insurance premiums are calculated according to how employees are classified (with regards to the specific type of work they perform) and the rate assigned to each employee classification. The premium rate itself is expressed as dollars and cents per $100 dollars of payroll for each class code.

Workers’ Compensation Insurance is unlike any other type of small business insurance in that it is regulated by the states. In fact, 49 states require all businesses with employees to carry Workers’ Compensation Insurance (the exception is Texas). While this means that having Workers’ Comp is a unifying thread for businesses with employees, it also means the cost of this coverage varies significantly from one state to another.

Why? It’s like anything else regulated by the states: when you have 50 different governing bodies solving a problem, they’ll likely solve it in 50 different ways. For example: in Colorado, the rules explicitly state that you can exempt yourself from coverage if you’re a volunteer for a ski-area operator. In Florida, rules note that construction professionals are required to carry coverage for themselves, even if they have no employees.

How workmen’s compensation works

How workmen’s compensation works as a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence.

How are workmen compensation premiums calculated?

How are workmen compensation premiums calculated is typically based according to how employees are classified (with regards to the specific type of work they perform) and the rate assigned to each employee classification. The premium rate itself is expressed as dollars and cents per $100 dollars of payroll for each class code. Rates vary from State to State.

Why get workers compensation insurance?

Why workers compensation insurance is important is that this insurance, commonly known as Workers’ Comp, is insurance that covers medical expenses and a portion of lost wages for employees who become injured or ill on the job. Coverage also includes employee rehabilitation and death benefits.  Does workers’ compensation cover just my medical bills? Workers’ comp does pay hospital and medical expenses that are necessary to diagnose and treat your injury. But it also provides disability payments while you are unable to work (typically, about two-thirds of your regular salary).

Why is a workmen compensation policy needed for the employer?

Why workmen compensation policy is important is that the main employer or contractor is typically legally liable to pay compensation to its employees in case a mishap occurring in a workplace. The policy helps in covering the legal liability coverage and in defending the employer.

Why workers compensation for the worker?

Why workers compensation is important is that if an employee gets hurt or ill due to their job, workers compensation provides coverage. The costs of medical care, rehabilitation treatments and lost wages are covered by this insurance if the injury is due to the employment. The cost of insurance depends on the amount of risk involved.

Why workers compensation audit?

Why workers compensation audit, the annual premium audit (sometimes known as the payroll audit) may be necessary is to determine your company’s actual Workers’ Compensation insurance premium for the policy period. … (AKA Workman’s Comp or Workers Comp.) Self-serving errors by insurance companies are common.

When a workman’s compensation is presented the supervisor should do the following:

When a workman’s compensation is presented the supervisor should question the employee in person (or via telephone if this is not possible) to get the specific facts of the reported accident and injury and to fill out the Supervisor’s Report of Injury or Occupational Illness Form.

The form must be completed in its entirety. All information requested is necessary to assure that the personal information is accurate and Risk Management will have the ability to contact the employee and to meet OSHA requirements. Care must be taken in reporting non-witnessed accidents to report in the third person using words such as employee states, claims or alleges. If the supervisor has further information that he/she thinks is pertinent, that information should be communicated to Risk Management by phone.

What workmen’s compensation does

What workmen’s compensation does is provide a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence.

What workers compensation benefits are there?

What workers compensation benefits you should receive include but are not limited to medical treatment, payments for time off work while you recover, a compensation payment for any permanent disability you incurred as a result of your injury, and job retraining if you’re unable to return to your old job.

What workers compensation pays

What Workers compensation pays include but are not limited to hospital and medical expenses that are necessary to diagnose and treat your injury. But it also provides disability payments while you are unable to work (typically, about two-thirds of your regular salary).

What workers compensation laws support

What workers compensation laws are is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for negligence. Workers compensation is a form of insurance mandated by law to provide wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence.

What is workman’s compensation insurance?

Workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence.

What is workmen compensation policy?

Workmen compensation policy is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence.

How does workman’s compensation work?

Workman’s compensation works as a type of insurance program that insures employees for illnesses and injuries that arise out of the job. … Injured employees receive a certain portion of their wages while they are off work for the treatment of such injury or illness, depending on state rules.

What workmen’s compensation is mandated?

Workmen’s compensation is a state-mandated insurance program that provides benefits to employees who suffer job-related injuries and illnesses. Each state has its own laws and programs for workmen’s compensation. The federal government also has a separate workmen’s compensation program, mostly for federal employees.

Can workmen compensation claim GST?

Input tax incurred can be claimed if the goods or services are acquired for ….. Security Act 1969 and the Workmen’s Compensation Act 1952. Tax questions should be addressed by the appropriate tax expert.

Workmen compensation vs group personal accident

Both workers’ compensation and employer’s liability deal with injuries in the workplace and the compensation received by the injured employee. Unlike workers compensation, employers’ liability comes into play when there is a possible lawsuit. It covers four major types of claims: third party over actions, loss of consortium, dual capacity suits, and consequential bodily injury.  Once in court, the employee must show that the employer was negligent to receive any additional benefits. Workers’ compensation covers statutory obligations that are covered under a state’s specific compensation laws. Employers’ liability provides coverage when an employee does not feel that the workers’ comp policy provides adequate coverage, and that the employer was negligent.

Workmen compensation vs personal accident

The biggest difference in damages between a personal injury claim or lawsuit and a workers’ compensation case is that you are not entitled to benefits for pain and suffering in a workers’ compensation case. In a personal injury claim or lawsuit, you are entitled to recover all of the damages that you have suffered.

Workmen compensation vs ESI

The ESI is a later Act and has a wider coverage. It is more comprehensive. It also provides for more compensation than what a workman would get under the Workmen’s Compensation Act. … PREAMBLE: An Act to provide for the payment by certain classes of employers to their *[Employees] of compensation for injury by accident.

Workmen compensation vs employer’s liability

Employer’s Liability Insurance (EL) provides coverage to the employer for any work-related bodily injury or disease aside from the liability that is already imposed on the employers by the workers compensation law. These have to prove that employer negligence occurred to cause the injury.

Workmen’s compensation vs workers’ compensation

These terms are used interchangeably… workmen’s compensation vs workers’ compensation…but mean the same thing.

Workers compensation vs occupational accident insurance

Occupational Accident vs Workers Comp. To summarize, Workers Compensation provides wage replacement and medical benefits to hired employees whereas Occupational Accident Insurance provides similar benefits, but to independent contractors/owner operators.

Workers compensation versus disability

The difference between Workers Compensation and Disability Benefits is Workers’ compensation only applies to work related injuries. Disability benefits cover both work related and non-work related disabilities such as illnesses like cancer, ALS, etc. and injuries sustained outside the workplace like a car accident or falling off a ladder at home.

Employees who collect payments under workers’ compensation typically do not have a disability, but rather a temporary injury caused at work. Disability insurance, on the other hand, pays a portion of the worker’s earnings if he cannot perform job duties because of an illness or injury.

When you are hurt or otherwise too injured to perform the duties of your job, you may be entitled to a few different types of financial support, such as workers compensation, state disability benefits, and Social Security disability insurance (SSDI).

Workers compensation versus health insurance

To recap, Workers Compensation is coverage specifically designed to cover workplace injuries and illnesses. Health Insurance (including temporary and long-term disability coverage) is a benefit that some employers offer their workers for preventative care and medical expenses.

Workers compensation versus income protection

Evidence requirements showing you were injured at work: Workers compensation is a type of insurance, and the insurers might not pay a claim unless it can be shown that an injury or illness was the result of work. … With income protection, the benefit payments will generally remain consistent as long as you are disabled.

Workers compensation versus state disability

The Difference Between Workers Compensation versus State Disability Insurance (SDI) Disability Insurance (DI) is a component of the SDI program. DI pays a weekly benefit when an injury or illness is NOT caused by or related to work. The DI benefits are paid for a temporary period of time only.

Workmen compensation vs personal accident

The biggest difference in damages between a personal accident injury claim or lawsuit and a workmen compensation case is that you are not entitled to benefits for pain and suffering in a workmen compensation case. In a personal accident injury claim or lawsuit, you are entitled to recover all of the damages that you have suffered.

Workmen compensation vs group personal accident

Both workmen compensation and group personal accident insurance deal with injuries in the workplace and the compensation received by the injured employee.

In workmen compensation, in exchange for medical benefits and wage replacement, the injured employee gives up their right to sue their employer for negligence. Workmen compensation insurance can cover more than just medical care and income replacement. It can also include compensation for permanent injuries and retraining costs, but it does not cover pain and suffering.

With regards to group personal accident insurance, it is a policy is for employees. Suppose employee is dead in accident or partially disabled, then group personal accident insurance can pay to that employee up to the insured amount.

Workmen compensation policy is a Legal Liability Policy whereas in group personal accident policy allows for certain Agreed Benefits. Workmen compensation policy covers Legal Liability towards employees in case of death or injury sustained by them during the course of Employment.

Group personal accident policy covers Accidental bodily injuries resulting solely and directly from accident caused by external and sometimes violent means resulting into death or disablement any time during the period of Policy. In case of Workmen compensation policy amount of compensation depend on the nature of injury in case of injury cases. In case of fatal accidents the compensation is worked out by taking the factors like age and income of the person Injured/died. Thus, it varies from case to case.

In group personal accident policy certain agreed benefits are given as per cover taken in the policy. If group personal accident policy is taken for higher sum insured, it may cover compensation payable as per workmen compensation policy; if it is taken for lower sum insured, the award under workmen compensation may be more than the cover taken under workmen compensation. The workmen compensation policy covers occupational diseases that might be contracted by workers arising out of and in the course of employment while the group personal accident policy merely covers injury due to accidental external and/or violent means. The slow process of an occupational disease is totally outside the scope of the group personal accident policy.

Premium rates under WC Policy depend on the nature of duties in which the workers are involved; whereas in group personal accident policy standard rates are typically charged for all except for persons working in high risk jobs like underground mines, explosives, electrical installation on a commercial level, circus personnel, persons engaged in inherently risky activities such as racing on horseback, big game hunting, mountaineering, certain winter sports, etc.

Sokoloff & Weinsteinn, P.A. is a team of personal injury lawyers in Florida. The practice, focused upon Personal Injury law, was established for the purpose of serving the people and businesses of Palm Beach, Broward, Dade, Martin, St. Lucie, and Indian River Counties. We have years of experience representing people seeking worker compesation. Contact us for more information today.