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Top 10 FAQ for Workers Comp Claims

Frequently Asked Workers Comp Questions On the one hand, workers’ compensation insurance seems pretty basic: If you get hurt on the job, you can get money for medical bills and missed income. On the other hand, it’s not so easy: What qualifies as “hurt”? What constitutes “on the job” — what if you’re on the …

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United Airlines Sued After Desk Agent Calls Passenger ‘Monkey’

She Called Her A What??? It’s easy to make “not-so-friendly skies” jokes these days, with airfare hikes, baggage fees, and over-priced food and drink on board. But some airline behavior is no laughing matter. It certainly wasn’t for Cacilie Hughes who claims United Airlines employee, Carmella Davano, called her a “shining monkey,” and told Hughes …

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Justices consider availability of punitive damages in maritime unseaworthiness case

SCOTUS weighs in on the availability of punitive damages based on alleged “unseaworthiness” of a vessel   The few admiralty cases the Supreme Court hears often address common-law questions resembling those that normally arise on land and are generally within the province of state courts. These maritime adventures tend to involve a deep journey into …

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Medicare Liens Attached to a Workers’ Compensation Claim

Source: https://www.personalinjurylawjournal.com/workers-compensation/medicare-liens-workers-compensation-claim/

The next lien type I will be discussing in this set of sites will be Medicare. Medicare is a benefit under federal law which, generally, is provided to someone by that individual reaching 65 decades old or from that person being discovered to be eligible for Social Security Disability benefits.

Social Security Disability recipients are eligible for Medicare in the majority of instances following a two-year waiting interval. Medicare has the right under national law to recover some money they pay for medical treatment that they believe is something which should have been paid with a workers’ compensation insurance carrier.

When Medicare is concerned it is completely necessary at the very start of a claim which the worker tell her or his attorney they are Medicare eligible. Most attorneys now ask that issue at the beginning, however if they do not it is totally essential for the employee to tell the lawyer so that steps can be taken.

The first step the lawyer will take would be to notify Medicare throughout the Centers for Medicare and Medicaid Services, otherwise called CMS. Upon notice from a lawyer CMS will start a file and supply the attorney with advice as to any obligations claimed to be produced by Medicare for injuries covered by Workers’ Compensation. The obligations Medicare wants to recover are called conditional obligations.

With the participation of Medicare, liens can arise without the worker’s knowledge and with no worker specifically requesting therapy from Medicare. As an example, even a employee who is covered by therapy by means of a workers’ compensation carrier may see their family physician for unrelated problems. The employee might mention the simple fact they have compensation claim, and in several situations the doctor notes injury and someone in that doctor’s clerical personnel will record it as a code and submit an application to Medicare together with the non-work related troubles. Bingo, Medicare has a lien.

Accordingly, when an injured worker has been treated for non-work relevant conditions through their family physician or other physicians for an unrelated non-work condition it is absolutely crucial that no mention be made of the job accident in such a manner that might get the doctor to remember that in his or her chart.

Apparently, it is absolutely necessary that Medicare liens be determined and honored. Sometimes it is possible to reduce or eliminate them completely. Nevertheless, in no circumstance should they be disregarded.

Medicare, like ERISA from the very first blog in this show , is covered by federal legislation and they can have national enforcement of such a lien. Other items Medicare can perform would be to stop gains until the repayment was reached. That is something nobody would like to happen. Accordingly, it is absolutely crucial that if cure, for that reason, be compensated by Medicare the necessary steps are required to manage that situation.

One unfortunate characteristic of dealing with Medicare liens is the fact that a last quantity of conditional payments sought to be recovered isn’t given until later a workers’ compensation situation evolves. This absolutely does not make sense, and everybody understands that, however under Medicare guidelines, when a workers’ compensation situation is going to settle the attorney will contact Medicare for an overview of up-to-date amounts paid.

Unfortunately, Medicare won’t offer a complete”final-final” amount when they have been served with a copy of the purchase shutting the workers’ compensation case. Employees should be aware that even when money is taken from a settlement to be reimbursed to Medicare there’s still an opportunity, even though slim, which Medicare may come back with a bigger number.

That is the reason why a lot of orders have a provision that although they are shut the court retains jurisdiction should Medicare problems arise.

I’m Being Fired! What Do I Do Now?

Source: http://feedproxy.google.com/~r/ScrewYouGuysImGoingHome/~3/oRG6lgLK1rk/im-being-fired-what-do-i-do-now.html

You are called into a meeting with HR along with your own boss. You understand the axe is falling apart. Here some do it and don’ts to take into account if you’re called into a meeting and fired:


1. Do work as long as possible.

If they’re giving you the option to work for a couple more weeks or even months, then do say yes. It’s way easier to have a job when you have work. Just make sure that you do your job while you’re there, and also do not begin copying trade secrets or confidential details. That’ll just get you in to trouble.

2. Do ask about getting your personal products. 

A lot of men and women leave their belongings behind. Security or HR might have to accompany you, however do receive your own stuff. They aren’t permitted to keep your possessions. On the other hand, if it is on your computer, your business telephone, a business notebook, or something else they own, it is theirs. They don’t have to allow you to publish or copy anything that’s in their own property.

If it is critical, keep it inside your bag, your purse, or in home so that this doesn’t happen. In the event you’ve, for example, been maintaining a log of each sexually unfulfilled remark that has been made, you might lose it now. That is why you shouldn’t keep it on your computer.

3. Do inquire about your own insurance. 
Have you been cutting off your insurance that day, in the close of the month, or after? In case you’ve got an upcoming doctor’s appointment or appointment, you will need to understand beforehand whether or not you’ll be listed as covered.

If policy is getting cut off, it will be reinstated retroactively once you elect COBRA and make your payment. Should you paid your share of insurance at end of the month, then remind them. They can extend your insurance at least through the time you’ve paid, or refund you the difference. When no severance is supplied, do inquire about it. 
They might offer it if you ask. Do not agree to ask for any amount on the spot (you are not thinking straight, remember?) You may want to speak for us to see whether you’ve got potential claims against them before you decide on an amount. If they do offer severance, request them to place it into writing. Get legal counsel before you consent to anything you don’t understand.

5. Do ask if the business has a severance plan or coverage.

You would be amazed how many have written severance programs which don’t require a release, yet they try to get you to sign one anyway. Or they try to throw at a noncompete agreement that’s not needed.

If you are already entitled to severance without registering anything, then maybe it is possible to pay more in exchange for a discharge or noncompete agreement.

6. Do inquire when you’ll receive your final check.

Some states and counties have deadlines for companies to pay, some don’t. Don’t assume you’re going to be paid in another pay period.

Additionally, if you are owed commissions, then learn if they mean to pay them. If there are deals you have made that are in the pipeline, then they might owe you money after they shut. Do ask why you are being chased. 

In Florida they do not have to give a reason, but in some states they perform. But if they refuse to offer you a motive, or give you another motive than they give to the EEOC, that might assist you with your legal claims later on.

8. Should they maintain you signed a noncompete or confidentiality agreement, do ask for a copy.

You first need to understand what you signed. Many companies don’t provide copies once you sign these arrangements at the start of your employment. However, if they want you to comply, they must give you a copy so that you understand your limitations.

If they will not give a copy, or when you believe your agreement might not be enforceable, contact an employee-side employment attorney to examine your choices with you.

9. Do ask what co-workers and possible employers will be told.

It is important to know what to say to possible employers. Additionally, it is vital to ensure the company rumor mill isn’t fed with misinformation. Get on the exact identical page together if possible. Should they request that you measure, say no more. 

Unless you are being offered substantial dollars in trade for a forced resignation, what is your upside? You’ll probably be disqualified from becoming unemployment. You may accidentally give up a few discrimination, whistleblower or additional claims.

Many folks think it looks better to prospective employers to state that you stepped, but who would you think you’re fooling? In this market, nearly nobody resigns with no job lined up. They’ll know something bad happened, so why make it simpler on the former company by stopping? Do not sign anything. 
You aren’t thinking straight. When they shove a severance agreement, disciplinary record or other paperwork in front of you, take a deep breath, and ask for a copy to review. Take a look at it after you have had a chance to calm down.

If there is anything you do not understand, take it into a lawyer to get it reviewed before you sign. You might be giving permission that you shouldn’t, or perhaps you’ve got a leverage to negotiate for more money.

You particularly don’t want to inadvertently sign a noncompete agreement that limits your capacity to operate for a year or two, unless you know it and are getting some substantial dollars for it. Don’t yell, curse or make a picture. 
You don’t want to burn bridges. You still require these folks, as far as you loathe them right now. They’ll be in your resume for several years. They’ll need to give references .

Plus, even if you tick them off they’re more inclined to challenge your unemployment. They are able to make your life more miserable right now, feel it or not. I’ve known many employees who had been fired or laid off and that ended up becoming rehired down the road. In the event you think they got it wrong, don’t claim or beg. 
When they got the wrong person or there’s something you’ll be able to prove is wrong, you are able to tell them peacefully. But, very few companies will change their minds now.

If a proof is at home or is something which you want to supply in writing, then wait until you’ve cooled off, then put together your info in a business-like fashion, and send it after.

They may have a charm or grievance procedure. Practice it.


Sometimes, the organization will lock you in an area with Loss Prevention and say that you can’t leave if you don’t sign a thing admitting you stole inventory or did anything wrong. Don’t take action. You’re going to be fired — do not let them mislead you. “Only sign and you will still have your job,” they may say. They’re lying. The only question is whether you’ll also wind up in jail or with a large judgment against you.

If they state you can’t depart, open the door and go anyway. Should they block the way, pull out of your cell phone or pick up the telephone inside the room and call 911. If you don’t have a phone and they block your way, need to be let out. If they still won’t allow you to go, scream on top of your lungs to get help. That’s the one time I suggest making a spectacle. (Don’t touch anyone though). Finally you will be allowed out of the room. Call 911 the second you leave the premises and tell the police what happened. Then call us (or even a criminal defense lawyer if you need one) and get advice.

However, regardless of what you do, do not signal something admitting to a crime. Ever.

5. Don’t demand to say goodbye. 

You don’t have the right to have a significant farewell scene using co-workers. You are upset and will likely embarrass yourself. If co-workers approach you after you have been fired, stay calm. Do not badmouth the business or the manager. Leave with course and you may keep the doors open to come back .

While being terminated is right up there having a death in your household as one of the most stressful things that could happen to you, with plenty of self-control and a little preparation, you may help ease your transition a bit. If you do have some possible claims against the business, you won’t have achieved anything to harm your situation. More to the point, you will not have burned any bridges.

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