Your Employer May Be Committing Workers’ Compensation Fraud – Here’s How to Tell

Posted on February 21, 2012 by Rod Rehm

Today’s post comes to us from our colleague Len Jernigan of North Carolina. We feel strongly that employer workers’ compensation fraud is a widespread and costly problem. If you see fraud in your workplace in Nebraska, report it to Nebraska’s Attorney General on his website or by calling 402-471-2682 or if you see fraud in your workplace in Iowa, report it to Iowa’s Attorney General on his website or by calling 515-281-5164.

All employees should be on the lookout for signs that their employer or potential employer is engaging in workers’ compensation fraud.

The list of signs below was inspired by this one from the Washington State Department of Labor & Industries.

These signs may indicate that your employer is not paying workers’ compensation insurance for their employees. If they aren’t, this could put you in a very difficult situation if you are ever injured on the job.

If any of these signs sound familiar, report the employer to the Fraud Investigations Department of the North Carolina Industrial Commission and, if at all possible, find another job.

Your employer may be engaged in workers’ compensation fraud if:

They pay you in cash and don’t give you any kind of payroll stub.
They give you a 1099 form instead of the standard W-2.
They pay you other than in cash or check, by such things as free rent, reimbursement of expenses, barter, etc.
They pay you on a piecework basis and do not record hours. Continue reading →

Unsafe Workplaces Mean More Injuries

Posted on February 13, 2012 by Rod Rehm

Today’s guest post comes from our colleague Tom Domer or Wisconsin.

The connection between unsafe workplaces and the increased frequency of work injuries seems like a no brainer. A study released by NCCI Holdings indicated worker’s compensation claims rose by 3% during 2010 (the first rise in frequency in over a dozen years). The study attributed the increased frequency to several factors

Because of these repeat violations,OSHA cited United Contracting and placed the firm on its “Severe Violator Enforcement Program”

including increases in employment since the onset of the recession in 2008, workers possibly being less fearful of losing their jobs for filing claims, and a lack of light duty jobs to which injured workers could return because of the poor economy.

One factor not referenced is the connection between increasingly unsafe work environments and work injuries. Two recent news stories in Wisconsin underscored this connection. OSHA fined a Wisconsin contractor $150,000

for violations while working on two bridges along highways in Wisconsin. The violation is more alarming because the contractors were working under a State contract to repaint the bridges. OSHA charged that the company did not have proper scaffolding at the bridges exposing workers to falls, and in fact one worker was injured in June after falling from a scaffold at one of the bridges. Because of these repeat violations, Continue reading →

Is It Time To See A Doctor?

Posted on February 6, 2012 by Rod Rehm

In pain? Don’t put off seeing your doctor.

Today’s guest post comes to us from our colleague Matt Funk of New York.

Putting off seeing medical care is commonplace for chronic medical conditions. Under the Workers’ Compensation Law there is no timeframe for a claimant to see a medical provider. There is nothing in the law that requires a worker to see his doctor within 24 hours or 30 days of the accident. However, the sooner an injured worker sees a doctor, the better, especially if that worker is losing time from work because of the accident. A Law Judge will only grant awards for lost time that is backed up by medical reports.

That means if a member is out of work for three weeks before they go to a doctor, it is possible that Workers’ Compensation benefits might not be paid during that time period. In order for a claim to be successful in this situation the report that the doctor submits must have several things on it:

It must contain the history of the accident,
diagnoses a condition,
explain how the condition is related to the on the job incident, and; Continue reading →

National Transportation Safety Board To All States: Ban Cellphone Use in Vehicles

Posted on December 29, 2011 by Rod Rehm

Using a cell phone while driving can lead to accidents!

Today’s post comes to us from our colleague Jon Gelman of New Jersey.

Earlier this month, the National Highway Safety Board, an independent federal government agency charged with determining the cause of transportation accidents, promoting transportation safety, and assisting victims of transportation accidents and their families, issued an advisory notice to states regarding cellphone use:

To the 50 states and the District of Columbia:

Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers;
use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and
implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving.

Continue reading →

7 Tips for Healing

Posted on December 1, 2011 by Rod Rehm

I tell every client and potential client I speak with, “It is better to have a good life than a good case.” I am trying to emphasize that people need to deal with their injury or illness positively. I know this is easier said than done and a recent bout with a root canal and reminded me how hard it must be for my clients whose pain never goes away. The following brief article by my wise and thoughtful friend Len Jernigan has some suggestions on how to move ahead and hopefully regain a good life. Hopefully these suggestions will help some of you.

———-

Many people are confronted with death or disability whether as a result of an accident or otherwise. We do our best to help those who were wronged by another or hurt on the job to receive compensation for their injuries. But compensation cannot cure the underlying problem, only help to make life more bearable. True healing is as much a mental as a physical process.

The following tips for healing have been adapted from the writings of Dr. Bernie Siegal, the author of many books including Love, Medicine, and Miracles; Peace, Love, and Healing; and 365 Prescriptions for the Soul. We hope you find these tips helpful in your healing process.

Accept your illness: you know the illness is there, but you also know the future will be something you can handle so it’s no longer a burden.
See the illness as a source of growth: our primitive nervous system tells us Continue reading →

Feds To Ban Truckers From Using (Hand-Held) Cell Phones

Posted on December 1, 2011 by Rod Rehm

Today’s post comes to us from our colleague Jon Gelman of New Jersey.

The Federal Motor Carrier Safety Administration (FMCSA) is proposing to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. Cell phones have become a major cause of distracted driving accidents resulting in an increase of workers’ compensation claims by employees as well as liability lawsuits against employers directly. This federal rule would be in addition to the many states which already ban hand-held cell phone use.

The following is a summary of the proposed rule: “FMCSA and PHMSA are amending Continue reading →

Wishing everyone a happy Thanksgiving holiday from Rehm, Bennett & Moore!

Posted on November 24, 2011 by Rod Rehm

Happy Thanksgiving!

Black Friday Special: 10 Worst Toys for 2011

Posted on November 24, 2011 by Rod Rehm

Today’s post comes to us from our colleague Jon Gelman of New Jersey. We hope everyone has a safe and happy holiday season!

A consumer group in Boston, W.A.T.C.H., has published its “10 Worst Toys for 2011” list. The toys nominated represent toys with the potential to cause childhood injuries, or even death. W.A.T.C.H.’s annual “Toy Conference” has generated extensive national press and media coverage. Because of these efforts, and the positive response from both the media and the public, there have been many toy and product design changes.

Twist ‘n Sort

1. TWIST ‘n SORT

Price: $13.35
Manufacturer or Distributor: Guidecraft, Inc.
Purchased: WonderBrains.com
Age Recommendation: “Ages 3+”
Warnings: “WARNING: CHOKING HAZARD – Small parts. Not for children under 3 yrs.”

HAZARD: POTENTIAL FOR CHOKING INJURIES!
This play set consisting of a “brightly colored geometric block and solid wood base” is sold to provide “years of developmental fun” with “problem solving challenges” and “fine motor practice.” On October 20, 2011, certain lots of these toys were recalled because “[t]he small pegs on three of the four posts can detach, posing a choking hazard to young children”. After issuance of the recall, a newly purchased Twist ‘n Sort toy exhibited the same “choking hazard” identified in the government’s recall notice.

Power Rangers Samurai Mega Blade

2. POWER RANGERS SAMURAI MEGA BLADE
Price: $26.99
Manufacturer or Distributor: Bandai
Purchased: Toys R Us (also available Kmart.com and Walmart.com)
Age Recommendation: “4+” and “Ages 4 and up”
Warnings: Package insert: “CAUTION: PLEASE READ BEFORE PLAYING WITH TOY.
Do not: (1) aim toy at anyone, (2) hit anyone with toy, (3) poke anyone with toy, (4) swing toy at anyone….”; and other cautions and warnings.

HAZARD: POTENTIAL FOR IMPACT INJURIES!
Young children are encouraged to pull a release and flip-open this rigid plastic Power Rangers Samurai “sword”, which “extends 2 feet!” according to the packaging. The blade has the potential to cause serious facial or other impact injuries.

Fold & Go Trampoline

3. FOLD & GO TRAMPOLINE

Price: $99.99 Continue reading →

Workers' Compensation Watch

Published by Rehm, Bennett, Moore & Rehm

Published by:

Archives

Your Employer May Be Committing Workers’ Compensation Fraud – Here’s How to Tell

Unsafe Workplaces Mean More Injuries

Is It Time To See A Doctor?

National Transportation Safety Board To All States: Ban Cellphone Use in Vehicles

Feds To Ban Truckers From Using (Hand-Held) Cell Phones

Wishing everyone a happy Thanksgiving holiday from Rehm, Bennett & Moore!

Black Friday Special: 10 Worst Toys for 2011

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