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Workers' Compensation
National Summary
What is workers' compensation? Workers' compensation is a "no-fault" system that protects employees injured on the job by paying medical expenses and providing income while they are unable to work. If an injury occurred in the course of employment, employees do not have to prove that the employer was at fault to receive benefits and employers may not be sued for damages due to work-related injuries and illnesses.
For most employees, state workers' compensation statutes define the injuries covered; benefit levels; and how claims are resolved. Although workers' compensation laws provide the exclusive remedy for job-related injury and illnesses, employees might still be covered by the Family & Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA).
While workers’ compensation insurance premiums have risen, there are cost-control measures including managed care, safety programs, investigating and pursuing fraudulent claims, incentives for employees to return to work quickly, and encouraging the settlement of claims.
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152278index.aspxQuestions & Answers An employee has been taken out twice for serious pain, and has been taken out by her physician, Are we required to continue to hold this individuals position for her?  National
152276index.aspxQuestions & Answers An employee has doctor restrictions that may keep him from doing his job. If we determine that we do not have work for him considering his restrictions, I would like to send him home. If I do that can I hire someone to take his place?  National
152289index.aspxQuestions & Answers An employee is out of work due to a worker's comp. are we still required to offer him the same job under workers comp or can we offer him another job or can we determine that we do not have a job to offer him?  National
152283index.aspxQuestions & Answers An employee is out of work due to a workers comp accident and we also placed him on FMLA. If he is unable to return to work when FMLA runs out in 12 weeks, are we still required to offer him the same job under workers comp?  National
152285index.aspxQuestions & Answers An employee is out on Workers' Compensation and is currently enrolled in the company's health insurance plan, does the employer have to continue to pay the employee's portion of their health insurance?  National
152273index.aspxQuestions & Answers An employee with a past back injury has bengun missing work due to back pain - how do we protect ourselves from loss of productivity and/or potential worker's comp?  National
153588index.aspxQuestions & Answers As a new majority owner of a small business am I required to provide workers compensation for company owners as well as employees in the state of NY?  National
152286index.aspxQuestions & Answers Do vacation benefits coninue to accrue while an employee is off while receiving workers' comp benefits?  National
152304index.aspxQuestions & Answers Do Workmans Comp Investigators have the right to review an employee's personnel file?(Florida)  National
152299index.aspxQuestions & Answers Do you have an statistics on the savings which can be generated if an employer offers a restricted duty return to work progran for workers collecting workers compensation.  National
152284index.aspxQuestions & Answers Do you know of any company that sells Worker's Compensation software to keep track of lost work days and wc cases?  National
152297index.aspxQuestions & Answers Does any employer have to give employees sick leave? Does an employer have the right to force you to use your sick leave when the appointments are worker's comp related?  National
152296index.aspxQuestions & Answers Does Workers Comp claims belong in a separate file from the employees file. I know all medical information needs to be in a separate file- Does WC belong there too?  National
152292index.aspxQuestions & Answers Employee is out on workers compensation in the state of Florida. Employer want's to know if they can terminate the employee and offer her COBRA?  National
153090tools.aspxChecklists Employee Safety Responsibilities Checklist  National
152270index.aspxQuestions & Answers How long must a position be held for an employee who is out due to workers comp. injury?  National
152294index.aspxQuestions & Answers I have an employee that was hurt while at work. He does not have health insurance through our company. What do I need to do from this point as far as the company's responsibility?  National
152275index.aspxQuestions & Answers I have read that even if a worker aggrevates a previous injury from a previous company, a claim can still be filed and it is generally compensable. Is this the case?  National
152277index.aspxQuestions & Answers I work for a company in Virginia who has hired a sales person who will work from her home in California. Do we have to purchase Workman's Compensation insurance for her?  National
154789index.aspxQuestions & Answers If a company did not participate in disability insurance, would the company be liable if someone had an accident in the firm?  National
152279index.aspxQuestions & Answers If a person is out of work due to Workers' Compensation, does the company have to continue paying for medical insurance coverage or does COBRA apply since the Worker had family coverage through the company.  National
152274index.aspxQuestions & Answers If a salaried employee needs 2 days a week for workers' comp related physical therapy, do you still have to pay continuous salary under FLSA?  National
152272index.aspxQuestions & Answers If a staff employee in the state of NJ was injured and put on a restricted duty, does the employer have to keep the employee is the same location or can he/she be transfered to another location?  National
152295index.aspxQuestions & Answers If an employee looses their life while on the job, is the employer required by state law to pay Workers Comp to the family of the decesed? If so, how long would the family receive payment?  National
155825index.aspxQuestions & Answers If an employer is paying the premiums for workers' compensation insurance for their employees, are the payments received by the employee taxable?  National
167046index.aspxQuestions & Answers If employees are allowed to work from home and they get hurt while they're working, are they covered by workers' compensation insurance?  National
152303index.aspxQuestions & Answers If you are injured on the job and subsequently admitted to the hospital, what is the waiting period in California before you can start collecting monetary benefits?  National
152298index.aspxQuestions & Answers In Florida, are all employers required to carry workers compensation insurance regardless of the type of industry they are in or the number of employees they have?  National
152271index.aspxQuestions & Answers In other words, do you HAVE to work a certain amount of days per Workman's Comp?  National
152280index.aspxQuestions & Answers Is a farming company required to have worker's compensation coverage in Alabama? They have three employees.  National
152291index.aspxQuestions & Answers Is it necessary to cover 1099 employees for Workman's Comp?  National
152293index.aspxQuestions & Answers Is the employer required to pay the employee portion of medical insurance premiums if the employee is on workers comp?  National
152281index.aspxQuestions & Answers Is there a web site where I can get workers' comp rules by state? We are a manufacturing organization with locations in 4 states.  National
152301index.aspxQuestions & Answers We are in the state of Missouri and want to know if we can set up a specific dollar amount to be paid by the Company for minor injuries that require outside medical treatment but have no lost time associated with them and report these as "Notice only  National
152290index.aspxQuestions & Answers We have a employee that is workmans comp and is not doing the duties that he has been cleared to do. He comes in stands around then leaves. Can we terminate him?  National
152300index.aspxQuestions & Answers We have an employee on workers comp, but it's been years, and we even think that she's working somewhere else now. Do we have legal obligation to keep paying for health insurance while the employee is not even working for us?  National
152288index.aspxQuestions & Answers We have an employee who has been out of work due to an accedent. I have exhausted all his FMLA, running it concurrent with his worker's comp claim. He has not reached maximum medical improvement and we think it could be months longer. Please advise.  National
156011index.aspxQuestions & Answers We hire temps at our facility. One was injured last week. Is this covered under the temp agency's workers' compensation insurance?  National
152302index.aspxQuestions & Answers What are the risks, if any, in separating an employee on workers comp temporary disability that was due to return to work 60 days ago and has not reported to work yet?  National
152287index.aspxQuestions & Answers What events or triggers would allow me to consider a workers comp leave as part of an FMLA leave?  National
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