I am often asked about how a client's worker's compensation or personal injury claim will be affected if they decide to file bankruptcy. When asked that we always have to sit down and discuss the specifics, but what does not often come up is what impact a new worker's compensation or personal injury claim may have on a previously filed bankruptcy.
It should come as no surprise to anyone that the Bureau of Labor Statistics’ recently released workplace injury report found that construction workers were among those most at risk of being injured on the job. The report, which speaks to statistics from 2014, says that construction workers are among a group of six occupations where the rate of injury and illness is more than 300 per 10,000 workers. Construction workers came in at 309.7 per 10,000.
In our last post, we began looking at the issue of reducing workers’ compensation costs, and specifically what employers and their workers’ compensation insurance carriers can legally do to decrease these costs. As we noted, there are a variety of strategies employers and insurance companies can use for this purpose.
In our last post, we spoke a bit about the fact that employers and their workers’ compensation insurance carriers are continually looking for ways to decrease the costs associated with workers’ compensation claims. It is important for employees to realize that there are both legal and illegal ways an employer may attempt to do this. Here, we’ll look at some legitimate strategies an employer or insurance company may use.
Managing costs associated with workers’ compensation claims is an important issue for employers and their insurers. Employers who are able to minimize both the number and the cost of claims, through whatever means, are able to minimize their expenses when it comes to workplace injury.
In our last post, we began looking at the question of whether an injured worker in Illinois has any other avenues of recovery outside the workers’ compensation system. As we noted, workers’ compensation is generally the only form of compensation available to an injured worker in Illinois, but there are certain exceptions.
When a worker is injured on the job, the ability to obtain accommodation and adequate compensation is one of the biggest concerns. The workers’ compensation system, as readers probably know, is a no-fault system which is built upon a fundamental compromise between workers and employers. Workers, in exchange for the right to sue their employers for on-the-job injuries, obtain the right to a more efficient and predictable process for obtaining compensation.
Many things contribute to the complexity of workers' compensation matters. One is how big of a range there are of different workplace injuries workers can suffer on the job. What types of workers' compensation issues arise for a hurt worker can heavily depend on the specifics of their injury.
Back in July we posted about employee classification and the fine line between contract worker and employee. It is a subject we and everyone else involved with workers' compensation and other employment benefits will come back to often. The nature of work changes all the time, sometimes driven by technology, sometimes by social forces, and those changes alter the way we think about workplace injuries and illnesses and employers' responsibilities to their workforces.
If you've ever operated one, then you know that driving a forklift takes some skill. In fact, the Occupational Safety and Health Administration requires that forklift operators be trained and certified. If a company employs an uncertified forklift driver, then the company could be cited by OSHA.