Job Security & Worker’s Comp: What Protections Do I Have?

One of the most important things when securing employment, is job security. We want to work somewhere where we’re valued, where we feel safe, and where we know that we can provide for our family. Because all of these things are important to us, it can be extremely difficult when you find yourself hurt on the job, or needing to take some time to help your family. Workplace injuries, and extended leave, can be frightening for a number of reasons; from the injury itself, to getting compensated, and making sure that you are not wrongfully terminated. However, in most cases, there are certain protections in place for when you face a medical leave…

Job Security and Worker’s Comp: What Protections Do I Have?

Family and Medical Leave Act (FMLA)

One way you may have some protection is through the Family and Medical Leave Act. Due to this federal law, you can have up to 12 weeks of unpaid leave per year. This leave is for either you to take care of your own health issues, or someone in your family. While FMLA is unpaid, you can still receive disability benefits through worker’s compensation. In fact, many employer’s want you to take the FMLA leave while suffering from an on-the-job-injury. Furthermore, while using this leave an employer cannot legally fire you. So this form of leave offers a viable form of job protection when you need time away.

The catch…

Not all companies are subject to FMLA. In the case that they are, there are still some guidelines to it. First of all, you will need to have a year of employment with that company under your belt. Furthermore, you must also have 1,250 hours of work from the proceeding year with that company to qualify for these benefits.

Checking With Your Job

If you suffer from a work injury that requires time off, it’s important that you file a claim immediately. By filing a claim, you ensure your protection and compensation if your employer tries to get out of paying for your injury. Ultimately, the time off you’ll need is of upmost concern. So, when trying to decide how to go about getting the extra time you need, consider the FMLA and see if you’re eligible for it. With this act, you may be able to get the time off for recovery while also maintaining your job security.

Seeking Second Opinion in Worker’s Injury: Am I Allowed?

If you have been hurt on the job, and the doctor says you could potentially face life-long impairment, you might hope to seek a second opinion. After all, you only get one body and one chance at life. So, why not make sure it’s in the best condition possible? However, the difficult bit about seeking a second opinion in a worker’s injury, is that worker’s comp claims and processes are quite strict in what they cover, and who you see…

Seeking Second Opinion in Worker’s Injury: Am I Allowed?

With normal cases of sickness or injury, you are able to visit your personal doctor. After receiving their diagnoses, you have the option to seek out a second opinion if you wish, especially if the first doctor is suggesting something major. However, when it comes to a worker’s injury, getting that second opinion can be difficult due to the worker’s comp process.

May I seek out a new perspective?

While there are plenty of reasons you may want a second opinion in your worker’s comp case, the question is can you get one? For the most part, you may be able to request another doctor in order to get another opinion. However, while you may request a second opinion from the worker’s comp insurance, there is no guarantee they will approve it. In addition, it will most likely still be within the same network of your employer’s choosing. Therefore, the doctor will likely garner the same opinion. In short, a second opinion may be available, and you can request it but there is no guarantee.

Why seeking a second opinion might be the way to go

In most cases, employers will require that you see a doctor of their choosing. Since they are covering the medical bill through worker’s comp, they hold the right to choose your doctor. However, this means that you will be using a doctor you are unfamiliar with. This can be counterproductive for a number of reasons… For one, you may not feel fully comfortable divulging all information. Therefore, your treatment options and their perception might be different than what you need. For example, you may hesitate to fully describe the events of your accident or the pain you are in. Furthermore, you may feel you cannot fully trust his method of treatment. In some cases, you may feel the doctor is bias since your employer is the one who employed him.

If you choose to seek out a second opinion…

You will likely have to do so on your own, and out of your own pocket, if you wish to see the doctor of your choosing. But, it might be worth doing so for your own safety and healing process. The treatment plan your personal doctor can be supplemental to the worker’s comp assistance, or you can choose to take that route entirely. Ultimately, your healing process is up to you. However, if you choose to see your own doctor, the costs might be a bit higher for you… However, an attorney can typically request a hearing to order that second opinion. Ultimately, the hope of any worker’s comp claim is to reduce disability as much as possible.

Taxing Worker’s Compensation Benefits: What’s the deal?

When filing for a worker’s compensation claim, we know that you have plenty of questions. From getting proper treatment, to getting proper compensation, and keeping your job intact after such a difficult time. In short, there’s a lot, both mentally and physically, that goes into a worker’s compensation claim on both sides of it. But, one question you might not have considered until the end of the year, is pretty important to know. When it comes to taxing worker’s compensation benefits, what’s the deal? Do I pay them? Is this income tax-free? What do I do in this situation? Lucky for you, we have answers…

Taxing Worker’s Compensation Benefits: What’s the deal?

When it comes to taxing worker’s compensation benefits, it rarely takes place. In fact, neither state nor federal levels will tax this wage. In most cases, this income is fully exempt form taxes. But, not in all cases. There are some exceptions to this rule.

When might my worker’s comp wages be taxable?

If you are receiving supplemental security income, you may need to pay taxes on that income. To put it simply, your supplemental security income will be lower. Then, worker’s compensation will make up the difference, therefore allowing for the payments to become taxable.

You might not think you’d be able to receive both incomes at the same time, however there are certain situaitions were both benefits are available to you. For instance, if your injury does not improve. In this case, you are considerably disabled, which allows disability insurance and worker’s comp benefits at the same time. While this is ideal for someone who is permanently impaired, it also allows for the incomes to be taxed. So, it is a give and take.

Knowing the numbers

Coming to understand these numbers, guidelines, and familiarizing yourself with these tax brackets will help you to make sure you are hitting your marks, and making the most of your current situation. For instance, the worker’s compensation amount might be too small to be taxable. Furthermore, each tax bracket offers a different amount of money depending on how you file.

Whether single or married, there are several amounts that may determine whether your worker’s comp is taxable. If half of your payments total one of those amounts, your benefits will be taxable. So, as you can see, when it comes to taxing worker’s compensation benefits, there’s a lot of factors that can influence it. So, speak with a tax expert before filing. After all, you don’t want to have to deal with the IRS on top of a work injury.

How-to Ensure Restaurant Staff Safety: Hazards

Restaurants can have many hazards for employees. From waiters and busboys and kitchen staff and chefs, there are many ways to get hurt. If you work in a restaurant, you have to be careful so that you do not get into an accident at work. Restaurant staff safety is something that all restaurants should ensure.

How-to Ensure Restaurant Staff Safety: Safe at Work

Waitstaff

Being a waitress or waiter has its risks. Restaurant floors can be slick, so make sure to wear appropriate shoes. Comfortable, non-slip shoes are a good option. This could keep you from falling. A way to help ensure restaurant staff safety is to make sure floors are not wet or slippery. Non-skid floor mats can help prevent someone from slipping and falling. Placing mirrors on blind corners can lower the risk of employees running into each other in a busy kitchen and work environment. Another risk that waitstaff face is walking with heavy trays full of food or drinks. These trays could actually block the view while the person carrying it is walking, not to mention strain put on your body. The heavy tray could actually fall and hit the employee or someone else on the head.

Kitchen Staff

The kitchen staff is around many dangerous things while working. For example, they work with very sharp knives. There will also be very hot objects like stoves, deep fryers, and ovens. This increases the risk for burns. Knives and sharp tools should be in good condition and also sharp. An important part of ensuring restaurant staff safety is to make sure that employees are all trained on the equipment. They should also know how to properly handle and store sharp objects.

Since restaurants are usually very fast-paced work environments, they are at higher risk for accidents to occur. As an owner or manager, do not over-expect and push workers to go faster than they should. If someone feels rushed, they are more likely to make a mistake. This is when an accident is more likely to occur.

As you can see, there are many hazards that can come along with working in a restaurant. By wearing the appropriate attire, not rushing, and being properly trained, there is a lower chance of an employee injury and a higher chance of restaurant staff safety.

Injured on the Job: Common Workplace Injury Mistakes

If you’ve been injured on the job, it’s time for you to take some action. We know you’re hurting, worried about being out of work, and trying to figure out your next step. It is not uncommon for someone injured on the job to try and handle it on their own. Most people, especially those in a tighter financial situation, will ignore the injury and continue to work. But, we’re here to tell you what to do, and what mistakes are most common for those seeking workers compensation. That way, you can receive proper compensation, and have the time to heal.

Injured on the Job: Common Workplace Injury Mistakes

Deciding to hold off on reporting the injury

If you’ve been injured, it is important that you file a claim as soon as possible. Think about it, a workplace injury is costly for a business. They likely try to avoid paying out as much as possible. Especially if you work for a company with low-morale. So, by reporting as early as possible— preferably at the first sight of injury, you are more likely to not face backlash or debate over compensation.

Deciding to only disclose the main injury

So, you’ve broken your leg. So, you report that and receive treatment. But, you’ve also received some pretty severe back pain from the fall. Because the leg injury was the clear, and obvious thing to fix— you’ve disregarded the back issues. But, not claiming that injury until after the fact can be pretty counterproductive. For starters, not reaching out to receive treatment as soon as possible hinders the healing process. But, it also can come across as a bit fishy to those worker’s comp people. Even though your injury is very real, and very painful— you run the risk of coming across as filing a fraudulent claim. In short, claim early and at the same time.

Returning to work too early

Many people will make the mistake of returning to work before they’re back to where they were. Depending on the company you work for, they might require you to sign something saying that you are back to 100% and have no further injuries. The problem with signing something like this, especially if you return while you’re still nursing the injury, is that you’re likely not back to 100%. You could still use physical therapy, a routine check up, cast removal, and so on. If you sign something saying that their end is all set and you are no longer hurt— it could potentially cost you a lot of money and headache.

Taking on too much, too fast

This one goes hand in hand with returning too early. You’ve sustained quite an injury. Getting back to full functionality, and the entirety of your job description might take some time. Your employer will likely compensate for this, and help where they can. But, there is the chance that they might not. Communicating your position, what you can handle, and how you need to process to go on your end— is vital to ensuring a safe, and healthful return to the workplace.

Vocational Rehabilitation: How Does It Work

Vocational rehabilitation is a form of worker’s comp. In short, this set of big words just means getting back into the work field. And that is what this form of worker’s comp does. When someone must stop working due to injury, this benefit helps them get back into the work field when the time comes.

Vocational Rehabilitation: How Does It Work

When you suffer from an injury at work, it is possible you will not be able to return to that same job. Whether your injury keeps you from preforming that job or the job is no longer available, you may not return. However, you will most likely need to work again. And in that case, that means you will need to find a new job. But sometimes that can be tough.

Therefore, worker’s comp offers vocational rehabilitation benefits. Under these benefits you can receive training for a new job. In the case that you want to change fields completely, these benefits also tuition reimbursement. By that standard, you may decide to go back to school and see a different area of work. In which case, these benefits will cover the cost of school.

Furthermore, you can still receive wage loss benefits during this time as well. So while you are receiving job training or going to school, benefits can also cover a portion of your previous wages.

How Long Does It Last?

These worker’s comp benefits can last for up to 2 years. Since transitioning back to work can be hard, these benefits help make the transition easier. Under these benefits, you can take the time you need to find a suitable new job. In addition, you can be sure that you prepare yourself either through training or education. Furthermore, these benefits take away the worry of finding a new job too quickly without feeling you can or want to do it.

In short, vocational rehab is a means of getting you back into a suitable position after a work injury. These benefits can come in the form of wages while you’re facing new job training, tuition reimbursement, and other mean that can allow for you to make the same amount of money, if not more, than you were making before the injury. Facing a work injury is difficult enough without the worry of making ends meet when it’s all said and done. For this very reason, vocational rehabilitation benefits exist.