#workers' comp

In Andrew Pledger's Surviving BJU: A Christian Cult podcast, Erin Burchwell remembers an untimely death at the BJU farm, Pleasant Pastures. I had never heard about it:

Workers’ compensation is a vital component of any business’s risk management program. It provides employees with an avenue to seek compensation if they are injured on the job.

Workers’ compensation insurance is generally handled by a third-party carrier who handles the claim payment and defense of any workers’ comp claim filed against the insured, however, it is common for businesses to self-insure, taking on the liability of all workplace injuries. To do this, employers must have a certain amount of money in their workers’ compensation account at all times.

There are many myths about the working of Workers’ Compensation due to the popularity of this topic. Hence, the purpose of this article is to dispel some of the myths that abound in the workers’ compensation arena. While many of these statements have a basis in fact, they are not always true and can lead to confusion and litigation. This article will discuss some of the most prevalent myths concerning workers’ compensation and attempt to set the record straight.

Myth #1

I am entitled to receive workers’ compensation, in addition to my employer’s health or disability benefits.

Fact: You are not entitled to receive any additional benefits beyond those provided by your employer’s plan or insurance provider, other than weekly payments or medical care

Myth #2

Part-timers are not eligible for workers’ compensation.

Fact: Simply put, if you are a traditional worker, even if you work part-time and get injured on the job, you are almost certain that you have access to a workers’ compensation system through your employer’s insurance policy. If you are injured at work and your company does not have workers’ compensation coverage, you can still file a lawsuit against your employer to pay for your health care and benefits.

Myth #3

I do not need a Workers’ Compensation attorney to help me with my claim. I can do it on my own.

Fact: When you need to get financial compensation for an injury at work, hiring an experienced attorney is the best way to maximize your financial recovery.

Attorneys handle workers’ compensation claims at an emergency rate (and these rates are capped in many states), you can be sure that you will only pay a portion of your financial settlement if your attorney can provide the benefits you deserve.

To make sure you get all the benefits you are legally entitled to, you must not only file correctly but also make sure that your employer (or their insurance company) does not try to terminate your benefits early. If you’ve been injured at work, you may well deserve fair compensation, but getting that financial support without qualified legal help can be like squeezing water out of a stone.

Workers’ compensation benefits provide the kind of support that can help you stay financially stable after an injury on the job. In Washington State, the Department of Labor & Industries oversees the workers’ comp system. The system is supposed to work for you, but sometimes it denies benefits or fails to award you everything you deserve. See the essential benefits available under workers’ comp in this chart from the Bothwell & Hamill workers’ comp lawyers. Bothwell & Hamill helps people secure their workers’ comp in Yakima, Kennewick, Sunnyside, Spokane, Richland, Ellensburg, Wenatchee, Walla Walla and all across Central Washington.

When you become hurt or sick due to your job, there are some confusing terms you may encounter as you navigate workers’ compensation, the program that provides medical and wage loss benefits to employees injured at work. A workers’ compensation attorney can guide you through the process and explain any jargon that comes up, but it can be helpful to have some knowledge of common terms as you prepare to file your claim. This is especially true when the terms pertain to your eligibility to collect workers’ compensation benefits. AOE and COE are two terms you will encounter often as you fill out the forms required to file a workers’ compensation claim. 

What is AOE and COE in California workers’ compensation?

AOE stands for “arising out of employment” and COE stands for during the “course of employment.” To be eligible to receive workers’ compensation benefits including medical treatments, disability benefits, vocational rehabilitation, and death benefits, it must be shown that an injury or illness both arises out of employment and occurs during the course of employment. Here’s a closer look at the implications behind these two terms.

AOE, arising out of employment

In order to receive workers’ compensation benefits, an employee must prove that his or her injury resulted from employment activities. The workers’ compensation system approaches AOE from a position of risk and causation. If an employee’s job exposes him or her to an increased risk of harm as opposed to a general member of the public, being employed in that job can be causally linked to the injury in question.

For example, construction workers are exposed to powerful tools and heavy machinery on the job. This puts them at a higher risk for injuries due to malfunctioning equipment than the general public. If a construction worker suffers a crushed limb due to a forklift accident, the injury would be considered to have arisen out of employment; the causation is tied to the specific risks of working on a construction jobsite.

COE, during the course of employment

In addition to an injury arising out of employment, it must also occur during the course of employment. To demonstrate that an injury occurred during the course of employment, three conditions should be met:

The injury occurred while the employee was working

The injury occurred at a location related to work activities

The injury occurred while the employee was performing duties on behalf of or for the benefit of the employer

Let’s demonstrate COE using the example above of the construction worker who suffered a crushed limb due to a forklift accident. For the employee to collect workers’ compensation benefits, the injury must have occurred while the worker was on the clock, it must have occurred on the construction site he or she was assigned to, and it must have occurred while the worker was performing a work-related task. 

Unfortunately, even when all of these conditions are met, there are some instances when a workers’ compensation claim can be denied.

Why was my claim denied even though my injury was related to work?

Certain conditions can disqualify an employee from having his or her workers’ compensation claim approved. This is true even if the injury occurred at work while performing job-related duties. A workers’ comp claim can be denied if you were injured:

While intoxicated

Intentionally by your own doing

By starting a fight

While committing a felony

During a voluntary recreational event, like a company picnic

While engaging in horseplay

While commuting to or from work

While on a lunch break

If you suffered an injury at work and your workers’ compensation claim was denied, you can file an appeal to the Workers’ Compensation Appeals Board. At your hearing, an appeals judge will listen to both sides of the case and make a decision as to whether your claim should be paid. Whether or not you need to file an appeal, working with a workers’ compensation attorney from the beginning of the claims process can be extremely helpful in developing a strong case and receiving the maximum benefits you’re entitled to.

Call a San Diego workers’ compensation attorney

𝐇𝐚𝐯𝐞 𝐘𝐨𝐮 𝐁𝐞𝐞𝐧 𝐒𝐞𝐫𝐢𝐨𝐮𝐬𝐥𝐲 𝐈𝐧𝐣𝐮𝐫𝐞𝐝 𝐚𝐭 𝐖𝐨𝐫𝐤?

Our team of experienced workers’ compensation lawyers have been representing injured workers for over 30 years. We will fight to make sure your rights are protected, getting you the authorized treatment you are entitled to, ensuring your wages are properly paid on time, and getting you appropriate compensation for your injuries. We put our clients first!

𝐏𝐮𝐭 𝐎𝐮𝐫 𝐓𝐞𝐚𝐦 𝐨𝐟 𝐄𝐱𝐩𝐞𝐫𝐢𝐞𝐧𝐜𝐞𝐝 𝐍𝐞𝐰 𝐉𝐞𝐫𝐬𝐞𝐲 𝐖𝐨𝐫𝐤𝐞𝐫𝐬’ 𝐂𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲𝐬 𝐢𝐧 𝐘𝐨𝐮𝐫 𝐂𝐨𝐫𝐧𝐞𝐫!

Founding Partner, Todd J. Leonard, and his team of New Jersey Workers’ Compensation lawyers have been privileged to represent thousands of injured New Jersey workers for over 30 years. Our attorneys will fight for your rights, which includes getting the medical treatment you need, any wages you are legally owed, and compensation for your injuries. Additionally, our team of trial lawyers will be in contact with your employer’s insurance carrier to ensure you receive timely authorization for your medical treatment, and when you can return to work, if at all.

The Todd J. Leonard Law Firm has over 30 years of experience handling workers’ compensation claims. There are strict time limitations to file your workers’ compensation claim and third party lawsuit. Please give us a call today at (973) 920-7900 to request a Free, Confidential Consultation. There is never a fee unless we obtain a recovery. We have offices conveniently located in Denville and Morristown.

𝐖𝐡𝐚𝐭 𝐀𝐫𝐞 𝐌𝐲 𝐑𝐢𝐠𝐡𝐭𝐬 𝐢𝐟 𝐈’𝐦 𝐈𝐧𝐣𝐮𝐫𝐞𝐝 𝐎𝐧-𝐭𝐡𝐞-𝐉𝐨𝐛 𝐛𝐲 𝐚 𝐓𝐡𝐢𝐫𝐝 𝐏𝐚𝐫𝐭𝐲 𝐢𝐧 𝐍𝐞𝐰 𝐉𝐞𝐫𝐬𝐞𝐲?

In New Jersey, you are permitted to file a workers’ compensation case against your employer and file a third party lawsuit against those responsible for your accident. The Todd J. Leonard Law Firm has over 30 years of experience handling workers’ compensation claims, and all types of serious personal injury accidents. There are strict time limitations to file your workers’ compensation claim and third party lawsuit. Please give us a call today at (973) 920-7900 to request a Free, Confidential Consultation. There is never a fee unless we obtain a recovery.