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HURRICANES HARVEY AND IRMA: HOW DISASTERS IMPACT WORKERS’ COMPENSATION
Posted by: David Nomberg on Oct 18, 2017

With the nation recently battered by two huge hurricanes, it’s important to know where you stand at work should you be caught in a storm and how workers’ compensation rates can be impacted by such events.  

In the U.S., there is no such thing as disaster leave. This means that if a disaster is imminent, you can be fired for failing to show up for work. However, you may have a case for working in unsafe conditions during a disaster if you work a non-union private sector job. 

3 THINGS YOU CAN DO TO SURVIVE THE WAIT DURING YOUR WORKERS’ COMP CASE
Posted by: Valerie Johnson on Oct 11, 2017

You have been injured at work. You have filed a claim with the North Carolina Industrial Commission. Either your case is accepted and you receive benefits, or it is denied and you don’t. Some big issue – like the denial of medical treatment, or the insurance company trying to cut off your benefits — may have caused you to file for a hearing. But in a North Carolina workers’ compensation case, hardly anything happens quickly. What’s the best thing to do when you just have to wait until your case is done?

POOLED SPECIAL NEEDS TRUSTS: THE ANSWER TO PROTECTING GOVERNMENT BENEFITS – MEDICAID AND MEDICARE
Posted by: Karen Hauser on Oct 4, 2017

Congratulations! You’ve won the award. Now what? Your client who receives means-tested government benefits – Medicaid and SSI – may lose eligibility due to the injury award. Perhaps, due to the nature of the injury, the client may need professional assistance to manage their funds even in the absence of public benefits. And, your client may also have future Medicare expenses stemming from the injury. How can you protect current and future benefit eligibility, help your client manage the funds, and plan for future Medicare expenses? The coordinated use of a Medicare Set-Aside Account (MSA) within a Pooled Special Needs Trust (PSNT) can help solve these problems.

NEW YORK STATE WORKERS’ COMPENSATION BOARD PROPOSES BROAD ANTI-WORKER CHANGES
Posted by: Catherine Stanton on Sep 27, 2017

In April as part of the horse trade known as the New York State Budget, injured workers’ benefits were used as bargaining chips. The Business Counsel had argued that schedule loss of use awards which are given to workers’ for permanent injuries to the extremities were suddenly unfair to the employer. The original guidelines they argue were outdated and did not take into consideration new advances in medicine. One of the Budget provisions directed the Board to “consult” with a group stacked with pro-business and insurance interests to re-evaluate the current guidelines. Recently rather than addressing how advances in modern medicine enhance healing or create better outcomes, the Board totally disregarded the legislation’s directive and instead simply rewrote the entirety of the guidelines to create a new evaluation process which would destroy previously awarded benefits for permanent injuries.

DÉJÀ VU ALL OVER AGAIN
Posted by: Julie Poirier on Sep 20, 2017

Federal laws require companies to protect employees who work with dangerous machinery. Two recent finger-amputation incidents at a Primex Plastics Corporation plant in Georgia are a stark reminder that there can be severe consequences for employers and employees when safety efforts fall short

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