on Sep 16, 2020
As it pertains to workers’ compensation laws, recognized Native American tribes are immune from having to comply with state workers’ compensation regulations. That said, the recognized tribes traditionally have taken 1 of 3 approaches to workers’ compensation.
on Jun 24, 2020
Learn the connections between chronic pain, opioid painkillers and workers' comp professionals. See ways workers' comp professionals can be part of the solution.
Benjamin Gerber &
on Jun 17, 2020
Is COVID-19 considered a work-related disease? Can I get coverage? Learn about the issues and challenges of obtaining workers’ compensation.
Benjamin Gerber &
on Apr 28, 2020
The emergence of the COVID-19 virus has impacted almost every aspect of our daily life, including the functioning of workers’ compensation claims.
Navigating a workers’ compensation claim is difficult enough during normal times. This already trying process has been made even more confusing, frustrating and scary during the current pandemic.
One of the biggest dilemmas currently facing injured workers’ is what to do if their employer (or their employer’s workers’ compensation insurance carrier) is trying to compel them to return to their job through the utilization of the WC-240 process.
on Mar 29, 2020
Starting April 1, 2020, Workers’ Compensation Medicare Set Asides (WCMSAs) that are submitted to the Centers for Medicare and Medicaid Services (CMS) will need to include a new Consent to Release form. This means the settling claimant must now sign off that they understand the WCMSA process and approve the contents of the submission.
on Mar 19, 2020
Misclassification of workers transfers costs from employers, to the taxpayers and other businesses. During these unprecedented times with the COVID-19 virus, we see another cost shifting burden emerge. When employees are wrongly classified as independent contractors, and work dries up because of a health emergency such as COVID-19, unemployment benefits are unavailable to those workers.
on Mar 17, 2020
Just days after a few workers' compensation courts and commissions suggested that it would be business as usual during the coronavirus outbreak, some have reversed course, and hearings, meetings and conferences around the country have been canceled.
on Mar 9, 2020
Because I am a native Spanish-speaker and understand the Hispanic culture, I relate well to my immigrant and undocumented clients. Once I develop some rapport with them, usually by the end of the first hour, they tell me about a co-worker who injured his/her back/shoulder/leg some time before their injury but did not report it. Almost always, the person sitting across from me asks me if “suing” the employer will get him/her fired.
on Mar 2, 2020
In March 2019, the Arizona Court of Appeals decided on a critical case in favor of the brave men and women who keep us safe: firefighters, first responders and police officers. The case specifically dealt with a police officer suffering from PTSD who was trying to get workers’ comp benefits. However, firefighters are also struggling to receive compensation for job-related cancers and other illnesses.
Benjamin Gerber &
on Feb 21, 2020
Workers’ Comp for Job-Related PTSD by State
In recent years, we’ve made headway in securing benefits for workers’ who suffer from PTSD, but there’s still a long way to go before every state covers it in the workplace.
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