Discovering that your employer is uninsured can be a cause for concern. Not only does it raise questions about the financial stability of the company, but it also puts employees at risk in case of accidents or injuries. So, what should you do if you find yourself in this situation? In this article, we will explore the potential consequences of working if your employer is uninsured and provide guidance on how to protect yourself and your rights.
If you find yourself in a situation where your employer does not have workers compensation insurance, you may be wondering if it is legal. The answer to this question can vary depending on the jurisdiction you are in, as workers’ compensation laws differ from state to state. However, in most cases, employers are required by law to carry workers’ compensation insurance to protect their employees in the event of a work-related injury or illness.
By law any company with three or more employees has to carry workers’ compensation insurance. Sometimes there is a legitimate confusion over this – if the owner workers regularly in the business he or she is an employee for this number in many cases. Sometimes uneducated insurance agents tell employers they don’t need workers’ compensation insurance if they aren’t three full-time employees.
Other times these agents suggest that the company designate many people as “independent contractors” in order to avoid requiring workers’ compensation insurance or to limit the number of employees on the coverage (premiums are set as a percentage of payroll. Fewer employees or lower payroll means lower insurance premiums.)
This is particularly true in fields like construction and truck driving where employers are prone to labeling everyone an “independent contractor” to avoid carrying workers’ compensation insurance.
Working for an uninsured employer can be risky and potentially problematic for employees. Here are some of the risks associated with working for an uninsured employer:
One of the most significant risks is the absence of workers’ compensation coverage. In the event of a work-related injury or illness, employees may not receive the necessary medical treatment or compensation for lost wages. This can leave employees in a vulnerable position and facing financial difficulties.
Uninsured employers often fail to comply with labor laws and regulations. This means that employees may not have the legal protections and rights that are typically provided by workers’ compensation laws. In case of any workplace disputes or legal issues, employees may find it challenging to seek recourse or obtain fair compensation.
In the absence of employer-provided health insurance, employees may face financial burdens related to medical expenses. Without insurance coverage, employees may have to pay for medical treatments, medications, and hospital stays out of their own pocket. This can lead to significant financial strain, especially in the case of serious injuries or chronic illnesses.
Working for an uninsured employer can also result in limited job security. Without proper insurance coverage, the company may be more susceptible to financial instability, bankruptcy, or closure. This can leave employees without a job and facing difficulties in finding new employment.
Uninsured employers may be less likely to prioritize health and safety measures in the workplace. This can increase the risk of accidents, injuries, and exposure to hazardous conditions. Without proper insurance coverage, employees may not receive the necessary support and resources to maintain a safe working environment.
If you discover that your employer is uninsured, it is crucial to consider seeking legal advice. While the decision ultimately depends on the specific circumstances, there are several reasons why consulting with an attorney may be beneficial. They can provide valuable guidance, protect your interests, and ensure that you understand your rights and options.
Oxner + Permar Law can help you understand your rights and options if your employer is uninsured. Our experienced attorneys are committed to protecting the interests of our clients and helping them navigate difficult legal matters. Contact us today for a free consultation.
Have you recently been classified as an independent contractor by your boss? Are you worried about what this means for your rights and protections in the workplace? Well, fear not, because you may still be eligible for workers’ comp as an independent contractor.
In this article, we will explore the intricacies of workers’ compensation for independent contractors and discuss the factors that determine eligibility. So, if you’re wondering whether you can still get workers’ comp as an independent contractor, keep reading to find out the answer.
An independent contractor is a type of worker who operates as their own business entity rather than being an employee of a company. Independent contractors are hired on a project or contract basis to provide specific services, and they have more control over how and when they work compared to traditional employees.
There are several factors that determine whether someone is classified as an independent contractor or an employee. These factors include the level of control the employer has over the worker, the worker’s opportunity for profit or loss, the degree of skill required for the work, and the permanency of the working relationship.
Absolutely. There are several things which go into determining who is an employee and who is an independent contractor. But the one thing the court says we can ignore is what your boss says about it. Employers in certain business fields are notorious for calling employees independent contractors. And many employees go along with it to avoid having taxes withheld. It really comes down to an issue of control. The more control your boss has over you and how, when, and where you do your work the more likely it is that you are a legally an employee, even if you have a contract saying you an independent contractor.
Certain industries are more likely than not to have this come up. Sales representatives, construction workers, and truck drivers seem to encounter this more than most other people. Occasionally we see health care facilities claim that employees working PRN are independent contractors but that’s so laughable that it doesn’t come up often.
Eligibility for workers’ compensation as an independent contractor can vary depending on the laws and regulations of the specific jurisdiction. In general, independent contractors are not typically eligible for workers’ compensation benefits, as they are considered self-employed and responsible for their own insurance coverage.
The determination of whether an individual is classified as an independent contractor or an employee is based on several factors. These factors can include the level of control the employer has over the individual’s work, the degree of independence and autonomy the individual has in performing their job, the method of payment, and the presence or absence of a contract.
To determine eligibility for workers’ compensation, the following criteria are usually considered:
If the employer has significant control over how the work is performed, including providing specific instructions, tools, or equipment, the individual may be classified as an employee.
If the individual has a high level of independence, such as the ability to set their own schedule, choose their own methods of completing the work, and work for multiple clients, they are more likely to be classified as an independent contractor.
The presence of a written contract outlining the terms of the working relationship can be a factor in determining classification. However, the actual working relationship and the nature of the work performed are more important than the existence of a contract.
If the individual works exclusively for one employer and does not have the opportunity to work for other clients, they may be more likely to be classified as an employee.
It is important to note that the determination of worker classification is not always clear-cut and can vary from one jurisdiction to another. If you are unsure about your eligibility for workers’ compensation as an independent contractor, it is advisable to consult with an employment lawyer or seek guidance from your local labor department.
If you are unsure of your legal rights and responsibilities as an independent contractor, it is important to consult with an experienced attorney like those we have at Oxner + Permar Law. Contact us today for assistance with your legal rights and responsibilities as an independent contractor.
Workers’ compensation can be a complicated topic, especially when it comes to calculating your average weekly wage. As a new employee, understanding how this figure is determined is crucial in ensuring you receive the appropriate compensation in the event of an injury. So, how exactly do they figure out your average weekly wage as a new employee?
The average weekly wage calculation is an important factor when determining workers’ compensation benefits.
Firstly, this calculation ensures that injured workers are compensated for their lost wages at a fair and reasonable rate. If an injured employee’s weekly wage is not accurately calculated, they may receive an insufficient amount of compensation, which can lead to financial difficulties and hardship.
Additionally, the average weekly wage calculation is used to determine the maximum amount of benefits an injured worker can receive. Different states have different maximum benefit limits, which are often based on a percentage of the employee’s average weekly wage. By accurately calculating the average weekly wage, the workers’ compensation system can ensure that injured workers receive the maximum benefits they are entitled to under the law.
Moreover, the average weekly wage calculation can help in knowing the duration of benefits. In some cases, injured workers may receive temporary total disability benefits, which provide compensation for the time they are unable to work due to their injury.
Calculating the average weekly wage for workers’ compensation can be a complex process. Here are the key factors that are usually considered:
The first factor is the length of time the employee has been working at the company. Typically, the average weekly wage is calculated based on the earnings for a specific period, such as the 52 weeks preceding the injury or the number of weeks the employee has been employed.
The employee’s earnings are a fundamental aspect of the calculation. This includes all forms of compensation, such as wages, salaries, tips, commissions, and bonuses. Additional payments like overtime, holiday pay, and allowances may also be considered. However, fringe benefits like insurance, pensions, or employer contributions to retirement plans are usually excluded.
To ensure fairness, the calculation takes into account the consistency of the employee’s earnings. If the employee’s earnings have been irregular or fluctuating due to factors like seasonal work or temporary positions, the average weekly wage may be calculated by considering a longer period of time to establish a more accurate representation.
The employee’s work status, whether full-time or part-time, is factored in. Part-time employees may have their average weekly wage adjusted to reflect the comparable earnings of a full-time employee in the same position or industry.
If an injured employee cannot return to their previous position due to the nature of their injury, the average weekly wage may also be assessed based on the earnings of similar employees in the same occupation or industry. This helps to ensure fair compensation and prevent disadvantages resulting from reduced job prospects due to the injury.
To calculate your average weekly wage, you will need to gather information regarding your earnings over a specific period. This usually includes pay stubs, W-2 forms, or any other documentation that verifies your income.
Add up your total earnings for the applicable period. This can include wages, salaries, tips, bonuses, commissions, and any other forms of income you received from your employer.
Identify the specific time frame that will be used to calculate your average weekly wage. This period is typically based on your employment history, but it may vary depending on legal requirements or company policies.
If you have worked overtime or received paid time off during the selected period, it is important to account for these additional factors. Overtime pay and paid leave should be included in your total earnings for that period.
Once you have the total earnings for the selected period, divide it by the number of weeks in that period to get your average weekly wage. This will give you an estimate of your earnings on a weekly basis.
In some cases, there may be additional factors that need to be taken into account when determining your average weekly wage. This could include things like seasonal fluctuations, irregular work hours, or other specific circumstances that may impact your earnings.
Seeking legal advice for workers’ compensation claims is of utmost importance, especially when it comes to determining the average weekly wage. While it may seem like a straightforward process, there are various factors and calculations involved that can be complex and confusing for those who are not well-versed in workers’ compensation laws.
An experienced workers’ compensation attorney can guide you through the process and can help you protect your rights and ensure that you are not being shortchanged by your employer or insurance company.
Oxner + Permar can help you with any questions or concerns you may have about calculating your average weekly wage for workers’ compensation. Our attorneys provide experienced and dedicated legal representation to injured workers throughout North Carolina and are here to help you get the maximum amount of compensation that you are rightfully entitled to. Contact us today to learn more.
Have you ever experienced the frustration of being injured at work and then being asked to come into the office, only to sit there and do nothing? It can feel like a waste of time and energy, not to mention the added discomfort and pain of working while injured. But why is your employer having you come to work and just sit there? In this article, we will explore the possible reasons behind this practice and discuss the implications it has on both the injured employee and the employer.
Short answer: because they can.
Long answer: many employers and insurance adjusters are obsessed with the idea that injured workers are slackers who want to sit home and watch daytime television. We’ve met about three such workers and thousands who just wanted to get better and back to work they could safely do without further injuring themselves or their co-workers.
Prior to 2011 an injured worker could only be required to perform a real job – one which could be offered to anyone – while they were recovering from an injury. With a little lobbying from the big business and insurance companies, Gov. Pat McCrory initiated a massive overhaul of the workers compensation system, which, among other things, required that injured workers remain on their company’s premises if so requested.
Honestly, we have a hard time seeing the point of this… if your employer is paying workers’ compensation insurance premiums in order to compensate you while you cannot do your job why should they want to bring you to the office or plant, plop you in a chair, and pay you full pay for sitting around doing nothing. Nevertheless, it’s the new law.
Having injured employees come to work and just sit there can have a detrimental effect on their recovery process. Firstly, it can prolong the healing time of their injuries. When employees are required to sit at work without being able to perform their regular duties, they are not giving their bodies the rest and recovery time they need. This can lead to a slower healing process and potentially worsen their injuries.
Secondly, this practice can have a negative impact on the mental and emotional well-being of injured employees. Being forced to come to work and not being able to contribute or be productive can be frustrating and demoralizing. It can lead to feelings of uselessness and decrease their motivation to recover quickly.
Additionally, sitting at work without any meaningful tasks can also lead to boredom and increased stress levels. Injured employees may feel isolated and disconnected from their colleagues, which can further affect their overall well-being.
In situations where an employee is injured and unable to perform their regular duties at work, it can be frustrating and demotivating to be asked to come to work and just sit there. However, there are alternative options that employers can consider to better support their injured employees during this time.
One alternative option is to provide the injured employee with modified or alternative work tasks that can still be performed within their physical limitations. This could involve assigning administrative or clerical tasks that do not require physical exertion. By doing so, the employee can continue to contribute to the organization and feel productive, rather than just sitting idle.
Another option is to explore temporary work-from-home arrangements for the injured employee. Depending on the nature of their job and the availability of technology, it may be possible for the employee to work remotely, completing tasks that can be done from a computer or phone. This can help maintain their productivity while allowing them to recover from their injury in a more comfortable environment.
Additionally, employers may consider offering flexible work hours or reduced hours for injured employees. By adjusting the employee’s schedule, they can accommodate their medical appointments or therapy sessions while still allowing them to contribute to the organization. This can also help the injured employee manage their recovery process more effectively.
Being injured at work is already a stressful situation, but the fear of losing your job while on workers’ compensation can add to the anxiety. Can you be fired while you are on workers’ comp and while you are recovering? The answer may not be as straightforward as you think, and it’s crucial to understand your rights and protections during this time.
In this article, we will delve into the complexities of being fired while on workers’ comp, exploring the legal framework, possible reasons for termination, and steps you can take to protect your rights during this challenging time.
It’s a common mistake and many people think they cannot be fired while they are on workers’ compensation. While it is illegal for your employer to fire you in retaliation for you filing a workers’ compensation claim, few employers are stupid enough to tell you that’s what they are doing.
The flip side of the coin is that you don’t have immunity while you’re on workers’ compensation. So, if there is a layoff when your company is downsizing you can be laid off despite your status in the workers’ compensation system. Similarly, if your employer cannot accommodate your restrictions, they aren’t required to hold your position indefinitely. They can replace you. Finally, if you mess up you can get fired for cause.
You should be cautious as more than one shady employer has fired an injured worker and claimed it was for cause when the facts were debatable. For instance, we represented a retail employee who taught Sunday school regularly and was about as devout as they come. Following her injury, she was assigned to work as a greeter. She was fired for allegedly using the “F word” to a customer.
This was almost impossible to imagine happening. The proof of this? An anonymous letter to the store manager. At the hearing when asked why the store would believe such an outrageous accusation from an anonymous source, the manager defended it and said she believed the “anonymous source” because it was her own daughter. The Manager admitted to asking the daughter to write the letter and instructed her not to sign it. Yet the manager clung to the story that the underlying offense really occurred.
Being fired while on workers’ compensation can be a difficult and upsetting experience. However, it’s important to know your rights and take the necessary steps to protect yourself. Here is a guide on what you should do if you are fired while on workers’ compensation:
Familiarize yourself with the workers’ compensation laws in your jurisdiction. Remember that being on workers’ comp does not grant you absolute job security, but it does provide certain protections against wrongful termination.
Keep records of any correspondence, emails, or documentation related to your workers’ compensation claim, as well as any interactions with your employer regarding your termination. This evidence can be crucial if you decide to take legal action.
Losing your job while on workers’ comp may impact your benefits. Understand how your termination affects your compensation, medical coverage, and rehabilitation services. Your attorney can assist you in addressing any potential issues.
Evaluate whether taking legal action is appropriate as a response to your termination. An attorney can advise you on the best course of action based on your specific circumstances and goals. Possible outcomes may include seeking reinstatement, negotiating a settlement, or pursuing a lawsuit for wrongful termination.
It’s advisable to seek legal advice from an attorney who specializes in workers’ compensation cases. They can help you understand your rights, assess the strength of your case, and guide you through the legal process.
Consulting with an attorney if you are fired while on workers’ comp may be a crucial step to ensure that your rights are protected. While it is not required to consult with an attorney in every situation, it is highly recommended to seek legal advice in cases like this.
Being fired while on workers’ comp can be a complex and sensitive issue. Each case is unique, and the laws surrounding workers’ comp vary by state. An attorney who specializes in workers’ compensation can guide you through the legal process, explain your rights, and help determine if any wrongful termination or retaliation occurred.
Oxner + Permar Law Firm is experienced in representing injured workers and helping them protect their rights. If you have been wrongfully terminated while on workers’ compensation, we are here to guide you through the legal process. Contact us today for a free consultation.
