Have you ever been in a situation where you were injured at work and had to file for workers’ compensation? If so, you may have encountered a frustrating roadblock: your human resources department using vacation and sick time as requirement for workers’ comp pay. It’s a common dilemma that many employees face, but is it fair or legal? In this article, we will explore the issue of using vacation and sick time before receiving workers’ compensation and discuss your rights as an employee.
The role of Human Resources (HR) in workers’ compensation is crucial in ensuring that employees receive the necessary support and benefits when they are injured on the job. HR departments play a key role in managing the administrative aspects of workers’ compensation claims and providing guidance to employees throughout the process.
First and foremost, HR is responsible for educating employees about workers’ compensation policies and procedures. They should provide clear and concise information on how to report an injury or illness, what documentation is required, and the steps involved in filing a workers’ compensation claim. This ensures that employees understand their rights and know how to navigate the process.
In some cases, HR may also be involved in the return-to-work process. They work with the injured employee, their supervisor, and healthcare providers to develop a plan for the employee’s safe return to work. This may involve modifying job duties, providing accommodations, or implementing a gradual return-to-work schedule.
However, it is important to note that HR professionals do not have the authority to determine whether an employee’s workers’ compensation claim is valid or to deny or approve claims. That decision lies with the insurance provider and relevant legal authorities.
No, that is not what the law says. North Carolina law says that you do not get paid for missing work the first week, but you begin getting paid the second week. If you miss the third week – or if you get a rating to an injured body part – they have to go back and pay you for the first week.
If you do use vacation or sick time for that first week the insurance company is still obligated to pay you for the first week if you meet the eligibility for it. While they may claim that this is double dipping or a windfall to you that isn’t how the law sees it. You are using up a limited resource – your vacation time, sick time, or personal time off – and thus you didn’t get it for free. Oddly enough we see this misinformation coming from CorVel and state and local employers quite frequently.
If you find yourself in a situation where your human resources representative is telling you that you have to use your vacation and sick time before receiving workers’ compensation, it may be wise to seek legal advice or guidance. This is because workers’ compensation laws can vary from state to state, and it’s important to understand your rights and protections as an employee.
A lawyer can review your employment contract, company policies, and relevant state laws to determine if your employer’s requirement is legal and valid. They can also help you understand the options available to you and provide guidance on the best course of action.
Additionally, seeking legal advice can help you understand the potential consequences of refusing to use your vacation and sick time. It’s important to know whether your employer can take any adverse actions against you for not complying with their policy.
If you need legal advice or guidance regarding a workers’ compensation claim, our experienced attorneys at Oxner + Permar can help. We understand the complexities of workers’ compensation laws and will provide you with the information and representation needed to ensure that your rights are protected. Contact us today for a free consultation!
Are you confident that you have enough insurance coverage in case you get into an accident with an underinsured motorist? It’s a question that many drivers don’t often consider, but it’s an important one. Understanding underinsured motorist (UIM) coverage and whether or not you need it can provide you with valuable peace of mind on the road. But what is Underinsured Motorist coverage?
In this article, we will delve into the details of underinsured motorist coverage, explaining what it is, how it works, and whether or not it is a necessary addition to your insurance policy.
In North Carolina, motorists are required to buy automobile liability insurance with limits of only $30,000 per person and $60,000 per accident to protect others from their carelessness. Because it’s all that is required, that’s all most people have. That means that most drivers on our highways have policies that will pay, at most, $30,000 for each person injured by that driver’s carelessness, and no matter how many people are injured, the most that the driver’s insurance company will pay is a total of $60,000.
If you have been to the doctor’s office or the hospital you know how expensive modern medicine is, and it’s easy to understand that $30,000 is not a lot of money, medically speaking. Moreover, people injured in automobile collisions may be out of work and have lost wages and other expenses. It is easy to see that the insurance required in North Carolina can be woefully inadequate to compensate those injured by inattentive drivers. Fortunately, there is a way motorists can protect themselves from careless drivers who have only minimum limits policies. It’s called Underinsured Motorist (UIM) coverage.
UIM is insurance you purchase. It pays you if you are injured by another driver when that driver does not have enough liability insurance to compensate you for your injuries. UIM coverage is purchased through your insurance agent along with your insurance policy. North Carolina law requires insurers to provide UIM to drivers who purchase policies with liability limits greater than the minimum limits of $30,000 per person/$60,000 per accident. So, if you buy an auto policy with liability limits of $50,000 per person/$100,000 per accident, for example, you automatically will receive UIM coverage in the same amount.
On its face this makes no sense – the accident wasn’t your fault, why should your own insurance company have to pay? Well, this is the world we live in! One of the hardest parts of my job is telling a client that the at-fault driver did not have enough insurance to pay the bills and the client has no UIM coverage to cover the shortfall. The only prudent way for drivers to protect their families is to purchase UIM insurance – and lots of it. I recommend everyone get the maximum, $1,000,000 per person/$1,000,000 per accident. And as far as insurance goes, UIM is quite inexpensive.
When deciding whether to get Underinsured Motorist (UIM) coverage, there are a few important factors to consider. First and foremost, you should assess your own risk tolerance and financial situation. UIM coverage can provide an additional layer of protection in case you are involved in an accident with a driver who has inadequate insurance coverage.
Also, consider the minimum insurance requirements in your state. If the minimum coverage is low and you want to ensure that you have adequate protection in the event of an accident, UIM coverage can be a smart choice.
Next, evaluate your existing insurance coverage. If you already have comprehensive auto insurance, it is worth reviewing your policy to determine if UIM coverage is already included. If it is not, you may want to consider adding it for the additional protection it provides.
Oxner + Permar Law has years of experience representing injured people in North Carolina. If you have been involved in an automobile accident, contact us today for a free consultation.
Have you recently started working for a temp agency and are now wondering how workers’ compensation will work for you? It’s a valid concern, as the nature of temporary employment can sometimes blur the lines when it comes to employee benefits. But don’t worry, we’re here to help clear things up for you. Understanding workers’ comp as a temp agency employee is crucial for protecting your rights and ensuring you receive the necessary support in case of an injury.
It’s not unusual for some companies to use a temporary employment agency to hire and place workers for a period of 90, or even 180, days before you become a permanent employee. This makes sense to them from a business point of view.
workers’ compensation claim will be against the temp agency. Everything should proceed just as it would for any other employee. The only difference is that when the doctor puts you on light duty the company to which you were assigned is probably not going to accommodate you.
temp agency will either assign you to a different company or they may even have you do light duty in their office. If the temp agency isn’t placing you be sure that you have a written record (copies of notes or emails) documenting that you are asking them at least weekly if they have anything available within your restrictions. You’re entitled to be compensated for this period out of work. But we’ve seen a lot of temp agencies claim that the injured worker never made themselves available for work. Don’t fall into that trap.
If you’re working as a temporary employee and you get injured on the job, it’s important to take the necessary steps to protect yourself and ensure you receive the workers’ compensation benefits you are entitled to. Here are some key things you should do if you find yourself in this situation:
As soon as you are injured, report it to your supervisor or the person in charge at the company where you are working. Make sure to provide details about how the injury occurred and any immediate symptoms you are experiencing.
It’s crucial to seek medical attention for your injury, even if it seems minor at first. Inform the healthcare provider that your injury is work-related, and be sure to keep copies of all medical records and bills related to your treatment.
Take the time to document the incident and gather any evidence that supports your claim. This can include taking photos of the scene, collecting witness statements, or keeping a detailed journal of your symptoms and recovery process.
Inform your temp agency about the injury as soon as possible. They will guide you through the workers’ compensation process and help you understand your rights and responsibilities.
Work with your temp agency to file a workers’ compensation claim. They will provide you with the necessary forms and assist you in completing them accurately. It’s important to submit your claim within the specified timeframe to ensure you don’t miss out on any benefits.
Follow the treatment plan recommended by your healthcare provider and attend all scheduled appointments. Failing to comply with medical treatment can jeopardize your workers’ compensation claim.
Keep a record of all expenses related to your injury, including medical bills, transportation costs, and any modifications needed for your daily life. Additionally, document any lost wages or income you experience due to your injury.
If your workers’ compensation claim is denied or you face any challenges during the process, it may be beneficial to consult with an experienced workers’ compensation attorney. They can provide guidance, represent your interests, and help you navigate any legal complexities.
As a temporary employee, it is important to understand your rights and options when it comes to workers’ compensation claims. While workers’ compensation is typically available to all employees, including temporary workers, seeking legal assistance may sometimes be necessary to ensure that you receive the compensation you are entitled to.
Temporary employees can face unique challenges when it comes to workers’ compensation claims. Their employment status and the fact that they work for multiple employers can make the process more complicated. Legal assistance can help navigate these complexities, ensuring that you are not taken advantage of and that you receive the compensation you deserve.
Have you ever been injured on the job? If so, you may be familiar with the workers’ compensation process and the role of a workers’ comp adjuster. But the workers’ comp adjuster is here to help you right, or do they have their own interests in mind?
In this article, we will delve into the role of a workers’ comp adjuster and explore whether they are truly on your side. We will discuss their responsibilities, potential biases, and offer some tips for navigating the workers’ compensation process effectively.
Absolutely not. The adjuster has only one job: to make their company profitable. The way they do that is by limiting how much they spend on your case. This doesn’t mean they’re going to be hateful and evil to you. Although some may take this route, it is far more likely that they’ll be pleasant but won’t follow through with things that cost their company money. Things like mileage reimbursements, prompt scheduling of medical appointments, and ensuring that your weekly checks included credits for overtime, bonuses, and per diems.
What about the adjuster hiring a rehabilitation nurse? Our impression is that this is a calculated maneuver on their part. Yes, the nurse costs money. But if the nurse is effective the doctor may order less treatment and return you to work sooner than they ordinarily would. All of that saves the adjuster money.
Keep in mind that your adjuster is probably under pressure from their supervisors to close out files as quickly as practicable. They’re also probably getting an earful from a lot of injured workers. If they’ve been around any length of time, they may well be feeling a little burnt out or jaded as to the complaints of workers’ compensation claimants.
The other thing to understand is that your adjuster is a professional. They know the ins and outs of workers’ compensation. They undergo rigorous annual training and periodic updates on the law. They are professionals. You are probably very good at what you do (or did). But you aren’t a workers’ compensation professional. Putting it bluntly: you’re no match for them. You won’t even necessarily know where’s they’re cutting you short if they do. And this is without them even turning to a defense attorney to assist.
The bottom line is that workers’ compensation is one of those areas where you can be underwater without even knowing you are. That’s how complex the law is. It is never ever a mistake to call a lawyer. You may not need to hire one. But you do need to speak with one.
Dealing with a workers’ comp adjuster can be a challenging and sometimes frustrating experience. While their role is to assist and facilitate the workers’ compensation process, there are several common challenges that individuals may encounter.
One of the main challenges is the adjuster’s workload. Workers’ comp adjusters often handle multiple cases simultaneously, which can result in delays in communication and processing. It is not uncommon for adjusters to be overwhelmed with paperwork and administrative tasks, leading to slower response times and potential frustration for the injured worker.
Another challenge is the adjuster’s loyalty to the insurance company. Although adjusters are supposed to be impartial and fair, their primary responsibility is to protect the interests of the insurance company. This can sometimes lead to disputes over the extent of injuries, the need for medical treatments, or the approval of certain benefits.
Furthermore, the complexity of workers’ compensation laws and regulations can pose a challenge. Adjusters are well-versed in these laws, but injured workers may struggle to understand their rights and entitlements. This knowledge gap can create a power imbalance during negotiations and make it difficult for workers to navigate the system effectively.
Additionally, some adjusters may exhibit a lack of empathy or understanding towards the injured worker’s situation. This can lead to a breakdown in communication and a sense of mistrust. It is crucial for injured workers to advocate for themselves and seek legal representation if necessary to ensure their rights are protected.
When dealing with a workers’ comp adjuster, it’s important to remember that their primary goal is to protect the interests of the insurance company. While they may provide assistance and guidance throughout the claims process, it’s essential to advocate for yourself to ensure you receive the benefits you are entitled to. Here are some steps you can take to advocate for yourself while working with a workers’ comp adjuster:
Take the time to understand your rights and responsibilities under workers’ compensation laws. Familiarize yourself with the specific guidelines and deadlines in your state. This knowledge will empower you to ask the right questions and make informed decisions.
Keep a detailed record of all communication, including phone calls, emails, and letters, with the adjuster. Note the date, time, and content of each interaction. This documentation will serve as evidence in case of any disputes or misunderstandings.
Before speaking with the adjuster, gather all relevant documents, such as medical records, accident reports, and witness statements. Having this information readily available will help you provide accurate and consistent information throughout the claims process.
When discussing your case with the adjuster, be concise, honest, and assertive. Clearly explain your injuries, symptoms, and limitations. Share how your injuries have affected your ability to work and carry out daily activities. It’s crucial to be consistent in your communication to avoid any potential discrepancies.
If your workers’ comp claim becomes complex or if you encounter any difficulties with the adjuster, it may be beneficial to consult with an experienced workers’ compensation attorney. They can provide guidance, protect your rights, and negotiate on your behalf to ensure you receive appropriate benefits.
Workers’ compensation is a vital protection for employees who suffer injuries or illnesses on the job. But have you ever wondered, “how is workers’ compensation pay calculated“? Understanding the calculation process can help you ensure that you receive the appropriate compensation for your work-related injury or illness.
There are several factors that can influence how your workers’ compensation pay is calculated. Understanding these factors can help you have a better idea of what to expect in terms of compensation for a work-related injury or illness.
Your average weekly wage is a key factor in determining your workers’ compensation pay. This is usually calculated by looking at your earnings over a specific period of time, such as the 52 weeks leading up to your injury. The higher your average weekly wage, the higher your compensation benefits are likely to be.
The extent of your disability is another important factor in determining your workers’ compensation pay. Disability can be classified as temporary or permanent, and partial or total. If your injury or illness leaves you unable to work at all, you may be entitled to receive a higher compensation rate compared to someone with a partial disability.
Workers’ compensation laws can vary from state to state, and each state has its own guidelines for calculating compensation benefits. These laws outline the maximum and minimum compensation rates, as well as any specific rules or regulations that may affect your pay.
Your workers’ compensation pay may also cover medical expenses related to your injury or illness. This can include doctor’s visits, hospital stays, surgeries, medications, and rehabilitation costs. The amount and duration of medical benefits can vary depending on the severity of your condition and the recommended treatment.
In some cases, workers’ compensation may include vocational rehabilitation services to help you return to work or find suitable employment if you are unable to continue in your previous job. These services can include job training, job placement assistance, and vocational counseling.
Your weekly checks – if you’re totally out of work – are called temporary total disability checks (TTD). If you think about it this makes sense… it isn’t permanent, but you are completely out of work. These TTD checks are two-thirds of your average weekly wage (AWW), and subject to maximum amounts for any given year.
Your AWW is the average of what you earned over the last 52 weeks with that employer taking into account overtime, bonuses, absences of less than a week, raises, etc. It’s extremely common for an insurance company to set your AWW at your base pay and ignore any overtime, per diems, etc. But it’s critical to get this figure right. It’s the key to your entire claim. With that in mind, it may not be wise to trust the adjuster to correctly determine the amount.
Calculating workers’ compensation pay can be a complex process, and there are several common mistakes that can occur. It’s important to be aware of these mistakes to ensure accurate and fair compensation for injured workers.
One common mistake is miscalculating the average weekly wage (AWW). The AWW is used as a basis for determining the compensation amount, and it is calculated by taking the worker’s earnings over a specific period of time and dividing it by the number of weeks in that period. However, errors can occur when calculating the AWW, such as excluding overtime pay or not considering all sources of income. These mistakes can result in a lower compensation amount than what the worker is entitled to.
Another mistake is failing to consider the correct disability rating. The disability rating is a percentage that represents the extent of the worker’s impairment or loss of function. This rating is used to calculate the compensation amount. However, if the rating is not accurately determined or if the wrong rating is used, it can lead to an incorrect compensation amount.
Additionally, not considering all eligible benefits can be a mistake in calculating workers’ compensation pay. There are various types of benefits that injured workers may be entitled to, such as medical expenses, rehabilitation costs, and vocational training. Failing to include these benefits in the calculation can result in an incomplete and inaccurate compensation amount.
Lastly, failing to keep up with changes in workers’ compensation laws and regulations can lead to mistakes in calculating pay. These laws and regulations can vary by jurisdiction and may be updated periodically. It’s important to stay informed and ensure that the correct guidelines and formulas are being used to calculate compensation.
To avoid these common mistakes, it is recommended to seek the guidance of a workers’ compensation attorney or a knowledgeable professional who can assist in accurately calculating workers’ compensation pay. By doing so, both employers and employees can ensure that the compensation amount is fair and in compliance with the law.
