Accidents happen, and sometimes they’re our own fault. But what happens when you get hurt at work due to your own mistake? Can you still get workers’ comp if you were at fault for your injury? Many clients ask for my guidance to determine whether or not they qualify for workers’ compensation benefits if it was their own fault that they were injured on the job. However, the answer is not always straightforward, and it’s important to understand your rights and options in this situation.
In this article, we’ll explore the nuances of workers’ compensation laws when it comes to accidents that are the worker’s fault. We’ll also discuss what steps you can take to maximize your chances of receiving the benefits you’re entitled to.
When it comes to workplace injuries, fault can sometimes be a tricky issue. In some cases, it may seem obvious that the employee was at fault, while in others, it may be less clear. So, when is it the fault of the injured?
In some cases, an employee may be at fault for their own workplace injury. For example, if they were not following safety protocols or were engaging in risky behavior, they may have contributed to the accident. They may also be found at fault if their actions created an unsafe situation. Additionally, an employee is at fault when they are under the influence of drugs or alcohol while on the job.
The answer is Yes! But it is a common misunderstanding to think the opposite. North Carolina is a “no-fault” system, meaning it does not matter if it was your fault that you got hurt at work you are still eligible for workers’ comp benefits.
There are, however, a couple exceptions of which you should be aware:
What if the reason for your injury was that you were not following safety rules? Good news. Even in that instance, you are still due workers’ comp. But keep this in mind: Even though an employee’s failure to follow safety rules does not keep them from getting workers’ comp benefits, it may allow the insurance company to reduce the benefits they receive by 10% due to the employee’s willful failure to comply with safety rules.
If your claim for workers’ compensation is denied because the injury was your fault, you may still have options. In some cases, you may be able to appeal the decision or negotiate a settlement with your employer or their insurance company.
It’s important to understand that workers’ compensation laws vary by state, so the specific rules and procedures for appealing a denial will depend on where you live. However, in general, you’ll need to provide evidence that your injury was caused by a work-related accident or exposure, even if you were partially at fault.
Another option is to negotiate a settlement with your employer or their insurance company. This can be a complex process, and it’s important to work with an experienced workers’ compensation attorney who can help you navigate the legal system and protect your rights.
Ultimately, the best way to protect yourself is to take steps to prevent workplace injuries in the first place. This may include following safety protocols, using personal protective equipment, and reporting any hazards or unsafe conditions to your employer. By taking these proactive steps, you can reduce your risk of injury and ensure that you’re eligible for workers’ compensation if an accident does occur.
Do you know what you’re entitled to when dealing with workers’ compensation? Did you know many people are unaware of the mileage reimbursements they may be eligible for?
Distressed claims adjusters sometimes neglect to provide injured workers the required reimbursement for their medical appointments. In addition, adjusters might also fail to pay you for miles travelled during your job-related activities.
In this article, we’ll discuss if a worker’s compensation adjuster must pay someone mileage reimbursements and how much those benefits should cover.
Mileage reimbursement in workers’ compensation is a type of payment to individuals who were injured while on the job and must travel to receive medical treatment for their injuries. Mileage reimbursements may cover mileage expenses incurred as part of regularly scheduled doctor or therapy visits, or for traveling for other appointments related to a worker’s injury. It can also cover additional costs such as tolls, parking fees and ferry tickets.
In most states, employers are legally required to provide reimbursement for any mileage accrued during the course of a workers’ compensation claim. An adjuster is responsible for calculating the correct amount of wages owed, including any applicable mileage reimbursements. It’s important to note that different states have different rules about what qualifies for mileage reimbursement, so it’s a good idea to research your state laws before submitting claims.
The answer to this question is not a straightforward yes or no. The workers’ compensation adjuster may or may not be required to pay you mileage reimbursements, depending on the specific circumstances of your case.
If your job requires you to travel for work-related purposes, such as attending doctor’s appointments, having therapy, or going to any medical appointment that is ten or more miles away from your home (or business if you are going from work) then you are entitled, by law, to be reimbursed for that trip.
However, if the travel is not directly related to your job duties, then the adjuster may not be required to pay mileage reimbursements.
It’s important to review your state’s workers’ compensation laws and regulations to determine the specific requirements for mileage reimbursements. Additionally, you should keep detailed records of your mileage and any related expenses, such as gas or tolls, to support your claim for reimbursement.
If you are a worker who has to travel for work-related purposes, you may be entitled to mileage reimbursement from your employer or workers’ compensation insurance carrier. The amount of reimbursement you receive will depend on various factors, including the distance traveled, the mode of transportation used, and the current IRS mileage rate.
In general, the IRS sets a standard mileage rate each year, which is used to calculate mileage reimbursement for business-related travel. Currently, the standard mileage rate is $.565 per mile.
However, it’s important to note that not all types of travel may be reimbursed at the full standard mileage rate. For example, if you are using your personal vehicle to commute to and from work, you may not be eligible for mileage reimbursement. Similarly, if you are traveling for personal reasons during a work trip, you may only be reimbursed for the portion of the trip that was work-related.
Ultimately, the amount of mileage reimbursement you receive will depend on the specific circumstances of your case. In our experience, most workers’ compensation adjusters check the mileage with an online map system like Google Maps or Mapquest.
Unfortunately, we’ve seen numerous instances where workers’ compensation adjusters use inaccurate addresses to “prove” the trip is just less than ten miles. This happens most often if you live in a rural area. If your actual residential address doesn’t register on, say, Mapquest then an online request for directions will likely show the directions — and the mileage — from the center of your town. That obviously makes a big difference. Does the workers’ compensation adjuster know this is inaccurate? Of course, but it is your obligation to prove it to her.
We’ve also heard of workers’ compensation adjusters telling injured workers that the request for reimbursement must be done within a certain time frame – once as short as two business days – but that’s not true. As a practical matter if you wait and submit a year’s worth of mileage reimbursements at one time the workers’ compensation adjuster might squawk about it but there’s nothing she can do to legally object to it under North Carolina workers’ compensation law.
If your employer refuses to reimburse you for mileage related to a workers’ compensation claim, you can take action to ensure that you receive the compensation you are legally entitled to. First, you should review your state’s workers’ compensation laws to determine if mileage reimbursement is mandatory. In many states, employers are required to reimburse employees for any expenses incurred as a result of a work-related injury or illness, including mileage.
After which, you should speak to a workers’ compensation attorney. They can advise you on the best course of action to take, which may include filing a complaint with your state’s labor department or filing a lawsuit against your employer.
It’s important to note that retaliation by your employer for seeking reimbursement is illegal and can lead to further legal action. If you believe you are being retaliated against, document any incidents and report them to your attorney.
In summary, if your employer refuses to reimburse you for mileage related to a workers’ compensation claim, it’s important to know your legal rights and take action to ensure that you receive the compensation you deserve.
After a workplace injury, one of the biggest questions you will have is, “how long do I have to file my claim?” This can be a confusing process and having an experienced lawyer navigate these murky waters can make all the difference.
It’s understandable to want to get going right away. After all, this injury changed the course of your life, and you may not have a lot of money in savings while you were injured. But before filing, there are a few things you need to know about the deadlines for your compensation claim.
In this article, we’ll cover everything you need to know about how long you have to file a claim for workers’ compensation and what happens if you miss it as well as other important information that could help your case.
I have many clients who are worried about how long they have to file their workers’ compensation claim after a work injury—and how long it might take for an insurance company to deny or accept their claim. Here’s what a general timeline looks like:
Although you have up to two years to file your Form 18, we always recommend filing sooner rather than later. You don’t want to find yourself coming up against deadlines, and it’s always best to get statements while the event is still fresh in everyone’s minds.
If you miss the deadline to file your claim, don’t panic. There may still be an opportunity for you to file a late claim. However, it is important to act quickly because certain circumstances can cause a claim to become permanently time-barred, meaning that no matter what you do it will not be accepted.
If you find yourself in this situation, start by researching the laws and deadlines in your state or country related to filing a claim after the deadline has passed. Depending on where you live, there may be exceptions that allow late filing in certain cases. If this is the case, then gather all relevant information—including evidence and documents—to prove that one of these exceptions applies to you and your claim. Once everything is in order, contact a lawyer or organization who can submit the claim on your behalf.
It’s also important to realize that even if an exception does apply, filing late could still result in lower compensation than what you would have received if you had met the original deadline. For this reason, it’s best to always give yourself plenty of time before filing any sort of claim so that potential issues can be avoided.
It’s important to remember that filing a claim comes with several legal deadlines and requirements. As such, it is wise to consult an experienced lawyer as soon as possible. Doing so may help you avoid missing any key deadlines and ensure that you receive all relevant information regarding your claim.
In addition, a qualified lawyer can advise you on the best options available under the law and make sure that the paperwork is completed correctly. They can also inform you of any potential legal consequences associated with failing to meet an applicable deadline. And if necessary they can even take action against other parties on your behalf in order to protect your rights.
Seeking legal advice as soon as you have an issue or when looking at launching a claim can give you peace of mind knowing that all relevant information has been uncovered in advance and that any subsequent legal proceedings are well-informed.
Did you recently suffer a loss in wages due to a work-related incident? If so, you’re not alone. Nobody wants to suffer a loss in wages due to injury or illness, but it happens. Perhaps you have already experienced this heartache and been unable to do much about it. You could be now asking yourself, “How could I make up for loss in wages?”
Here’s the scenario: You find yourself injured at work, and while your employer’s workers’ compensation benefits cover your medical bills, you find that your employer has reduced the number of hours you work to accommodate your light-duty work restrictions. Despite your workers’ comp benefits, you’re still coming up short when it comes to income, but you can’t ask for more hours, because you need to respect your reduced hours in order to recover and maintain your workers’ comp benefits.
This may seem like a no-win scenario for you, but the good news is there’s a solution! Did you know that you might also be entitled to payments for loss of income? Just because you’re receiving workers’ compensation doesn’t mean everyday life stops. On top of medical expenses, you still need to cover bills, groceries, and other daily necessities. Payments for loss of income protect your right to take the time to heal and can help you keep yourself afloat while working fewer hours.
If you have any questions about whether or not you are entitled to payments that cover loss in income be sure to contact an attorney. At Oxner + Permar our experienced attorneys are always happy to talk to you about your rights, and help ensure that you’re being protected.
Often, we hear about class action lawsuits on the news or ads on TV calling for those affected by a defective product to contact a lawyer to join a class action lawsuit. But what many people don’t realize is that there are actually two major kinds of class action lawsuits – Class Action Lawsuit and Mass Tort Lawsuit.
A class action lawsuit is a civil lawsuit brought forward by an individual or group of individuals on behalf of a larger group of people. This type of lawsuit is often used when there are many plaintiffs who have suffered the same injury, usually a physical or economic injury, as a result of the same unlawful act. For example, if dozens of individuals were injured in an airplane accident due to faulty maintenance, those injured parties could file a class action lawsuit against the airline.
Class action lawsuits help ease procedural burdens and can be advantageous for damages awards since there is often strength in numbers. The plaintiffs must show that they have enough members with commonalities in their cases to form what is referred to as “class certification.” Once certified by the court, each plaintiff will be part of the collective and share any financial awards earned from the claim.
Mass tort lawsuits also deal with the cases of many people affected by a similar problem or situation; however, there tends to be more variation or complexity to the separate cases. Rather than filing a single lawsuit to cover many cases, a single attorney or group of attorneys, are allowed to represent each case individually. The cases are brought before the same judge.
Using the same key players allows for each case to be viewed individually, while those involved become experts, understanding the precedents set by earlier cases and being able to distinguish variation.
The primary difference between filing a class action lawsuit and filing a mass tort lawsuit is the way in which each case is structured.
In a class action, the plaintiff will represent an entire group of people with similar grievances against the same defendant. The case is filed on behalf of all individuals from this larger group, which means that the outcome applies to everyone in it. With a mass tort, on the other hand, each individual plaintiff obtains their own attorney and brings forth their own claim against the defendant for damages incurred due to a particular incident or series of events. While both types of lawsuits are litigated together according to venue rules and statutes of limitations, they are still considered two distinct cases handled separately.
Another key distinction between class actions and mass torts is jury process. In class actions, only one trial takes place with one jury deciding on any damages, awards, or settlements. By contrast, when multiple plaintiffs file suit in mass torts, there can be separate trials for each individual claim – although juries can render joint verdicts during multi-plaintiff trials if circumstances allow them to do so legally. Moreover, most states handle separate appeals if either side challenges the outcome of a trial.
If you are still unsure whether a case is a class action lawsuit or mass tort lawsuit, it may be best to consult with an experienced lawyer. A legal professional will be able to examine the details of your case in order to determine which type of legal proceeding would be best for you and your situation.
Your lawyer may also advise you if filing an individual claim may be more advantageous than joining and pursuing a group action. This decision will depend on factors such as the scope of damages suffered and available legal rights. In some cases, participating in a class action lawsuit or mass tort proceedings could limit your ability to receive more compensation than what could otherwise potentially be gained through individual litigation.
Therefore, if you have any doubts about the difference between class actions lawsuits and mass tort lawsuits – reach out for professional legal advice!
