Category Archives: Workers Compensation

On Disability and on Facebook? Uncle Sam Wants to Watch What You Post – NOSSCR

By Robert Pear

WASHINGTON — If you’re on federal disability payments and on social media, be careful what you post. Uncle Sam wants to watch.

The Trump administration has been quietly working on a proposal to use social media like Facebook and Twitter to help identify people who claim Social Security disability benefits without actually being disabled. If, for example, a person claimed benefits because of a back injury but was shown playing golf in a photograph posted on Facebook, that could be used as evidence that the injury was not disabling.

“There is a little bitty chance that Social Security may be snooping on your Facebook or your Twitter account,” Robert A. Crowe, a lawyer from St. Louis who has represented Social Security disability claimants for more than 40 years, said he cautioned new clients. “You don’t want anything on there that shows you out playing Frisbee.”

Click Source to read full article: On Disability and on Facebook? Uncle Sam Wants to Watch What You Post – NOSSCR

Happening right now…

By on Apr 24, 2017

Every state in the U.S. requires companies to provide workers’ compensation to employees injured on the job — every state except Texas, that is.

John Hernandez works at Swift Transportation — one of the largest trucking businesses in the U.S. When Hernandez was driving one of the company’s 18-wheelers in Texas and lost control, ending up with three herniated discs in his spine, he assumed his workers’ compensation would cover the cost of his surgery. But instead, he has been paying almost all of his medical expenses out of pocket.

Texas allows companies to opt out of workers’ comp and replace it with their own rules. And, with all the new-hire paperwork that comes with a new job, many employees don’t even know they’ve signed away their rights to workers’ compensation until after they’ve been injured. VICE News’ Roberto Ferdman travels to Texas to learn more.

This segment originally aired April 17, 2017, on VICE News Tonight on HBO.  Click on the link to open in a new window.

What Happens when a state lets employers opt out of paying Workers’ Comp

MY MEDICAL TREATMENT IS DENIED!

UNFORTUNATELY, YOU ARE NOT THE ONLY ONE

Workers’ Compensation benefits are under attack.  For this reason I expect many of you are frustrated and have questions about the “WC system.”  Well, you are not the only one.

Below are links to various recorded interviews and investigations documenting the neglect of the Workers’ Compensation medical treatment system.

At the foundation of this neglect is the fact that the Workers’ Compensation insurance companies get to hire a biased medical professional to deny medical treatment benefits.  There is no “good faith” requirement that the workers’ compensation insurance “act in good faith” in determining whether your treatment should be authorized or denied.  The insurance company controls who they have review your treating physician’s medical treatment requests.  As you would expect, the “reviewing doctor” is more concerned about a relationship with the insurance company than any concern for you, the injured worker.

I offer these links as evidence of the pervasive denials within the workers’ compensation medical treatment process.

If you have any difficulty in obtaining medical treatment for your Workers’ Compensation injuries, I recommend that you contact your State Legislator and ask them to change the law that gives the insurance company full control of the medical treatment you require to recover from your industrial injuries.

SAN BERNARDINO, CA 

Victimizing Me All Over Again

http://www.nytimes.com/2016/11/30/us/victimizing-me-all-over-again-san-bernardino-victims-fight-for-treatment.html?_r=0

They survived the San Bernardino terror attack.  Now, they feel betrayed

http://www.latimes.com/local/lanow/la-me-ln-san-bernardino-victims-20161201-story.html

San Bernardino survivors stymied by Workers’ Comp denials

http://www.scpr.org/news/2016/12/01/66734/san-bernardino-survivors-stymied-by-workers-comp-d/

San Bernardino Victims of Terrorism and now Workers’ Comp?

http://www.pbssocal.org/programs/studio-socal/san-bernardino-victims-of-terrorism-and-now-workers-comp/

 

SAN JOSE, CA

 

San Jose Ends Rocky Relationship with Company Handling Injured Firefighters’ Workers’ Comp Claims 

http://www.nbcbayarea.com/investigations/San-Jose-Ends-Rocky-Relationship-with-Company-Handling-Injured-Firefighters-Workers-Comp-Claims-403698136.html

State Director Responds to Workers’ Comp Criticism, Defends System

http://www.nbcbayarea.com/investigations/State-Director-Responds-to-Workers-Comp-Criticism-Defends-System-411144875.html

Time Limit for Filing California Workers’ Compensation Case

watch-clockWhen you are injured on the job in California, your employer is required by state law to cover treatment of your injuries via Workers’ Compensation benefits. These benefits can be completely denied if you do not file a Workers’ Compensation claim fast enough. As a general rule of thumb, I recommend that my clients notify their supervisors immediately when an accident occurs or when they are hurt in the workplace. Workers’ Compensation injuries can involve single accidents, such as a fall, or injuries from repetitive work tasks, like back injuries caused by constant heavy lifting.

Notifying Your Employer Immediately of Your Injuries

When you experience pain, ask your manager how you go about reporting an injury. If you don’t notify your employer within 30 days after your injury occurred, you might lose your right to medical care assistance and payments!

How Long Do You Have to File Your Claim?

In order to receive Workers’ Compensation benefits, you must file a claim with the Division of Workers’ Compensation (DWC). Upon learning of your injury, your employer is required by California law to give you a DWC claim form within one day. But once you have that claim form, how long do you have to file it?