Workers' Compensation Law Blog

25Jul

FMLA and Workers’ Comp (What’s the Difference?)

In the United States, a workplace injury occurs approximately every 7 seconds. If you’re injured on the job, worker’s compensation insurance will likely provide you with some important benefits.

What happens, however, if you have to take some time away due to a serious illness or a family issue?

In this case, the Family and Medical Leave Act (FMLA) may protect you from losing your job. When both situations overlap, there’s always confusion about the difference between FMLA and workers’ comp benefits.

Keep reading to learn the basics of FMLA and workers’ comp, so you can more clearly understand your rights.

How Workers’ Comp Fraud Hurts Us All

For some people, the temptation of collecting a portion of their salary while not having to work is too great a temptation to pass up. They may reason that their employer (more accurately, the insurance company) has enough money to spare and that taking a little “vacation” isn’t really hurting anyone.

But workers’ comp fraud is far from a victimless crime.

In this article, I’ll discuss what workers’ comp fraud is and how it hurts everyone (not just the insurance companies).

Workplace Violence & Workman’s Compensation

We tend to think of workers’ compensation cases as accidents, But what about workman’s compensation and violence?

There are four generally recognized areas of workplace violence, according to HRDailyAdvisor.blr.com. Criminal intent is when the perpetrator isn’t necessarily connected with the company or employees, but is violent and commits a crime. In some situations, a customer or client is the perpetrator. The third type is when an employee attacks another at work; and lastly, when the perpetrator has a relationship with an employee, but not the business.

Reports show that professions like law enforcement and healthcare have higher numbers of workplace violence.
Read more

Brian Tadros

June 21, 2019

29May

When housing is part of a worker’s wages

A recent Eustis news development has brought to light certain aspects of Florida’s Workers’ Compensation Law. We thought it was a good time to revisit what happens when room and board is included as part of a worker’s wages under an employment agreement.

The story: Florida’s Lake County Commission approved a plan for a farm to build a dormitory for laborers from Central America. Liner Source Inc. is a family-owned, wholesale plant nursery. The proposed 46,000-square-foot building would house nearly 200 farm workers working on H-2A visas. On this kind of visa, laborers can work in the U.S. for up to 10 months.

What happens, then, if a worker is getting housing from his or her employer, and is injured on the job? Read more

Brian Tadros

May 29, 2019

injury workers' compensation workman's compensation

23May

The Lifetime Effects of a Workplace Injury

If you have suffered a workplace injury or illness, you likely have a lot of questions. What if you can’t return to work after an injury? Do you need to see a doctor? How much will workers’ compensation pay?

One thing you might not yet be thinking about—although you should—is the lifetime effects of your workplace injury. Read more

Brian Tadros

May 23, 2019

14May

What Does Workers’ Comp Pay?

If you’ve been seriously injured in a workplace accident, the last thing you want to be concerned about is how you’re going to pay your bills.

Workers’ compensation benefits are designed to cover a portion of your lost wages (among other things) in the event a workplace accident has rendered you unable to perform your regular work duties. But what does workers’ comp pay? And is it enough to pay your bills?

If you are unable to work for 21 days or less, you won’t get paid for the first seven days of lost wages. You should receive your first check within 21 days of reporting your injury, assuming that you have been placed on either a “no work” or “light duty” work status and are losing wages.

If you are on a “no work” status, these payments are paid at your compensation rate (CR); If you are on light duty restrictions and are losing wages, your payments are calculated by a formula determined by your Average Weekly Wage (AWW). Read more

Brian Tadros

May 14, 2019

Page Topline

Blog

FMLA and Workers’ Comp (What’s the Difference?)

How Workers’ Comp Fraud Hurts Us All

Workplace Violence & Workman’s Compensation

When housing is part of a worker’s wages

The Lifetime Effects of a Workplace Injury

What Does Workers’ Comp Pay?

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