North Carolina workers compensation benefits are under the gun by state legislators. State law makers are trying to put a cap on workers compensation payments made to injured workers after they reach 65 and are eligible for social security retirement benefits.
House Bill 1022 would cap injured North Carolina workers benefits to 300 weeks after a worker turns 65 or becomes eligible for social security benefits.
Sound familiar? You bet. In a recent blog I talked about the Utah Supreme Court shooting down a similar law that had passed in Utah.
Supporters of the North Carolina bill believe this would help cut workers compensation costs in the state. Seems more like the state is trying to pull back from its commitment to protect its workers. I'm sure there's more to come on this subject.
Thanks!
Showing posts with label denied workers compensation benefits. Show all posts
Showing posts with label denied workers compensation benefits. Show all posts
Wednesday, May 13, 2009
Monday, April 6, 2009
Injured Virginia Worker Unconscious - Claim Denied?
Just hitting the news, a Virginia based employee, while working as a satellite dish installer, fell from the roof of a customers home, suffering severe injuries. It's reported the home owner discovered the injured worker and called 911. The injured employee then spent the next 6 days in the hospital unconscious. Thankfully after awakening he recognized his family and it is now reported he is undergoing recovery therapy. This was all recently reported by Karen McNew, the WSLS 10 Anchor in Roanoke, VA.
You'd think this would be a easy claim for the Virginia workers compensation benefit system, right?
WRONG! Evidently Virginia employs what is know as the "death presumption" concept. Basically unwitnessed work related accidents allow the insurance company to deny workers comp benefits with the exception of death. So, if this injured Virginia worker had died from his injuries, the workers compensation insurance company would have paid off like a slot machine. Unfortunately for this worker, he survived and is now going through rehab for injuries to his brain, shoulder and hip without benefits from the workers comp insurance company. Well, that's what was reported.
You know, it still amazes me that after all these years, after all the corrections state regulators have made, the workers comp system, when needed, can still let us down. Well, it's all in the law! Hopefully after review and armed with all the facts of this accident, the Virginia Workers Compensation Commission will arrive at the right decision for this worker!
You'd think this would be a easy claim for the Virginia workers compensation benefit system, right?
WRONG! Evidently Virginia employs what is know as the "death presumption" concept. Basically unwitnessed work related accidents allow the insurance company to deny workers comp benefits with the exception of death. So, if this injured Virginia worker had died from his injuries, the workers compensation insurance company would have paid off like a slot machine. Unfortunately for this worker, he survived and is now going through rehab for injuries to his brain, shoulder and hip without benefits from the workers comp insurance company. Well, that's what was reported.
You know, it still amazes me that after all these years, after all the corrections state regulators have made, the workers comp system, when needed, can still let us down. Well, it's all in the law! Hopefully after review and armed with all the facts of this accident, the Virginia Workers Compensation Commission will arrive at the right decision for this worker!
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