Can I be fired while on workers’ compensation?

Can I be fired while on workers’ compensation?

The short answer to this question is yes. Your employer cannot fire you just for filing a workers’ compensation claim, however, they can fire you if you cannot perform your job. Unless you are a member of a union or are have an employment contract (a very rare situation), your employer can terminate you if you cannot perform the physical requirements of your job. This is subject to the provisions of the Family and Medical Leave Act (FMLA). FMLA is separate from workers’ compensation and allows eligible employees to take up to 12 weeks of unpaid leave due to a serious health condition. During this time your employer will hold your job for you. Please feel free to contact us if you have any questions about FMLA and your workers’ compensation benefits.

This is not all bad news. If your employer fires you it can have a significant impact on your workers’ compensation case, specifically your settlement amount. Your settlement will be based in part on your loss of earning capacity resulting from your injury, and the fact that your employer can no longer employ you because of your injury can increase your final settlement. If your employer fires you, or if you have the feeling you will be terminated, you should contact an attorney.

Should I Be Worried About My Functional Capacity Evaluation (FCE)?

Should I Be Worried About My Functional Capacity Evaluation (FCE)?

A functional capacity evaluation is a series of exercises administered and measured by a physical therapist. The exam can last from as little as four hours to as long as two eight-hour days. During the examination, you will be asked to lift, push, pull and carry increasing amounts of weights in various body positions. The therapist will measure your flexibility, posture, bending, standing, crouching, kneeling and stair climbing ability. Most functional capacity evaluations will incorporate exercises specific to your type of injury. For instance, if you have injured your hand, your grip strength will be measured. If your shoulder is injured, your ability to push, pull, carry and work overhead with your injured arm will be measured.

During the course of the examination, your heart rate will be monitored in order to determine your effort level. If your heart rate does not increase, your FCE will note that you did not give full effort and it will negatively affect your claim and your potential settlement. It is important that you attempt every exercise that the physical therapist asks you to perform. Refusing to even attempt an exercise will also negatively affect the results of the FCE. Finally, when describing your pain while performing the exercises, keep in mind that level 10 pain means you need to be taken to the emergency room immediately. Level 10 type of pain is incredibly rare, and it is important that you accurately describe the pain you are feeling. Level 7 pain is described as “unmanageable” and level 6 is “distressing”, these are more common pain levels that still describe immense pain.

If you have any questions about your upcoming FCE, please do not hesitate to contact us. We are happy to provide a free consultation.

 

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Marijuana As Viable Treatment in CO WC Claims?

Marijuana As Viable Treatment in CO WC Claims?

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Federal and local governments may be at odds on marijuana as a viable medical treatment for some injured workers, but in Colorado, the drug has gained legitimacy across the state.  Will compensating for money spent on marijuana in workers' comp claims start a trend across the nation? 

The law is complicated for injured workers' in a state where cannabis use is legal.  Pollan Dobbs can help you navigate the issues in your claim. 

Click here for the full article with 420 Intel! 

For more news in Workers' Comp, visit the Pollan Dobbs' Facebook page.  

Do I Need to Worry About Workers' Comp When I Pay My Taxes?

Do I Need to Worry About Workers' Comp When I Pay My Taxes?

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IT'S TAX SEASON!  Have you received any checks from a Workers' Comp claim?  Do you have questions about whether or not you need to claim these amounts in your taxes to the IRS? 


Check out this article on what you may need to do:

The amounts you may have received in the past year are fully exempt from federal tax due, if they were paid to you under a workers' compensation act or a statute in the nature of a workers' compensation act.  

GET THE FACTS ABOUT TAXES AND WORKERS' COMP HERE! 

Just another helpful tip from your friends at Pollan Dobbs!

Want to connect with our online community for more information on Workers' Comp today?  Find us on Facebook and learn more about what's new in Workers' Comp in your region! 

 

 

Happy Good Friday

Happy Good Friday

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Pollan Dobbs wishes you a safe and relaxing holiday weekend! 

Never Underestimate Safety Training

Never Underestimate Safety Training

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SAFETY FIRST!  

Safety training is an integral part of all manual labor jobs, and no one knows this to be more true than tree and landscape workers.  

This article from The Insurance Journal states that, "tree workers are 56 times more likely to suffer a fatal occupational injury than workers in all industries combined".  

Whether you are employed in a "high-risk industry" or not, be sure to report your injury to your supervisor as soon as it happens!  And take those safety training courses seriously!  

Read more about the Cal/OSHA Tree Work Safety Campaign!  

Click here for full article with The Insurance Journal.  

For more news in Workers' Comp, visit the Pollan Dobbs' Facebook page.  

Injured Workers Under Siege

Injured Workers Under Siege

In state after state, Workers' Comp changes often means shoddy treatment for injured workers.  Calls for so-called 'reform' come as employers are paying premiums rates at a four decade low.  Added to that, the insurance sector is seeing decade high profits.

So why the need for reform?  Greed.  More than 2/3 of states in the US have reduced worker benefits or made legitimate benefits more difficult to attain.  The new rules have sent millions across America into a spiral of debt, poverty, and a fight for their very health.  Some states like Tennessee are considering allowing your employer to do away with workers' compensation coverage all together. 

The bottom line:  Record profits and low premiums aren't enough and the only way to squeeze more value is to take it out of the very blood and living dignity of our American workforce.  Reductions in disability, and arbitrary denial of legitimate medical treatment are now routine in the name of profit.  In state after state, we are finding that workers who once handled routine claims on their own are needing assistance just to make the insurance companies follow the law. 

This is no longer the workers' compensation system of even the recent past.  If you are hurt, you owe it to yourself and your family to get help from a legal professionals.

Pollan Dobbs, PLLC
888.931.COMP (2667)

When Employers Fail to Secure Workers' Comp Coverage

When Employers Fail to Secure Workers' Comp Coverage

In Mississippi, any companies who employ five or more workers are required by law to purchase workers' compensation insurance.  While most businesses are compliant, a growing number of companies are failing to meet this basic and important requirement.  It should be noted that failure to maintain workers' compensation insurance when required is a criminal offense in Mississippi.

In any state, when a worker is injured on the job and their employer has failed to secure comp insurance a complicated and often disastrous set of events begins.  The negative effects to companies are only trumped by the serious harm suffered by the injured worker.  Resolution of this specific subset of workers' comp claims calls for the assistance of an attorney skilled in handling workers' compensation claims.  Many lawyers that regularly assist injured workers or handle personal injury matters shy away from these type of cases.  

The lawyers at Pollan Dobbs have handled numerous cases of this sort and have found creative solutions that benefit the injured worker first and also serve the interest of the employer to a limited extent.  Cases where workers have been hurt on the job and no insurance is present are complicated and rife with potential pitfalls not normally present in a run of the mill workers' comp claim.

From determining whether to pursue the claim inside or outside of the administrative process to negotiating with companies who threaten to file bankruptcy, it is essential that injured workers make the right choice when selecting their advocate.  Our firm has helped many injured workers as well as attorneys who have referred us these type of cases and each time we have worked to secure a favorable result for all involved.

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HAPPY NEW YEAR!

HAPPY NEW YEAR!

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WE WISH EVERYONE A VERY HAPPY HOLIDAY SEASON AND A BRIGHT NEW YEAR!

- The Pollan Dobbs Team

Opioid Use

Opioid Use

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Are you out of work due to a workplace injury?  Have prescribed medications limited your ability to function within your normal job duties?  It is vital to navigate opioid drug issues at the same time you deal with your workers' compensation claim.   We can help you.  Give us a call: 1-888-931-2667

Pollan Dobbs, PLLC, is here to help you get back on track!  

4 Key Policy Words Cost Insurer $200K in Workers Comp Lawsuit

4 Key Policy Words Cost Insurer $200K in Workers Comp Lawsuit

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This Michigan employer did not read the fine print in their own policy - read more on how this vehicle accident lead to paying one worker's benefits to the tune of six figures

Want to make sure you get every dollar you have coming in your Workers' Comp claim?  You may never know for sure without help from legal counsel. 

Call Pollan Dobbs now at: 1-888-931-COMP (2667) .

No fee to call and Never any out of pocket fees!