As workers’ compensation defense attorneys, a great deal of our practice involves counseling employers on when and how to issue denials. Denying a work comp claim comes with its consequences, and more states are focusing on penalizing employers for unjustified denials. Moreover, a focus on the legal requirements behind denials has increased over the past few years. Because of this, it is important for employers to understand the steps and requirements behind workers’ comp claim denials.
The key to success in any business is preparation. By taking time to consider the pros and cons of each critical move, a business can avoid the pitfalls that can come about through unanticipated circumstances. This can be especially important in terms of protecting the business from legal obligations that can come through a workers’ compensation claim.
Working with a workers’ compensation defense attorney may be a new experience for a business owner. Employers may have worked with lawyers in planning the business, including establishing a corporate entity or raising money for the enterprise. However, hiring an attorney to defend a workers’ comp claim may be different. It is crucial to understand some basic tenets so that a proper expectation is set.
More than a dozen health care workers were indicted by an Orange County grand jury in connection with criminal charges stemming from an alleged workers’ compensation fraud scheme. Prosecutors believe that 15 people, including pharmacists, physicians and the head of a workers’ compensation claim management firm all played a part in orchestrating a scheme of bribes and kickbacks.
In order to save money, a number of new businesses are resorting to using independent contractors and temporary employees to handle many of the operations the business needs in order to function. While workers’ compensation insurance can be pricey, it is a necessary expense for many businesses.
Samsung Electronics took the rare step of issuing a public apology to the families of those whose loved ones were workers in its semiconductor chip factories who had developed cancers. The apology was unprecedented with regard to the growing issue of cancer cases that workers have developed during their time with the company.
While a number of our posts have focused on the potential for workers’ compensation fraud, it is possible that the number of fraudulent claims have risen because the number of benefits claims as a whole continue to rise. This is likely because the workforce is steadily aging. According to the U.S. Bureau of Labor Statistics, the average age of American workers has grown to 42.3 years old in 2012 from 34.2 years old in 1980.
For as much as we discuss the phenomenon of workers’ compensation, we must also remind our readers of the importance of taking diligent steps to prevent worker injuries. As the saying in the Allstate Insurance commercials goes “there’s mayhem waiting around every corner.” Because of this, employers must be mindful of several things to prevent injuries.
Every employer who deals with employee injuries should have detailed protocols dealing with how employees may return to work after suffering a work-related injury. Whether it is a progressive reinstatement or a light duty plan, a return-to-work program should have three important elements. This post will identify them and highlight their relative importance.
Employment law appears to be evolving once again. In an Americans with Disabilities Act claim in Missouri, an employee is challenging his termination as being illegal because it was purportedly based on his obesity, instead of his performance in the business arena. Specifically, a federal judge denied the employer’s motion to dismiss, which cleared the way for the terminated employee to bring his claim.