It can be a very slippery slope: There is a fine line when considering the modern workplace plus the traveling employee and how the work comp insurance providers perceive these workers. Some of these issues have been mentioned at The Traveling Employee.
The creator of this post gets straight to the point: If an injury occurs to an employee that was breaking the law during the accident, then will the insurance company be responsible for the medical treatment reimbursements?
Specifically, this question arises from the challenges facing the responsibility of whom will pay when employees use their cellular phones illegally. Most importantly, who is responsible while traveling in a vehicle outside the normal space of the office walls and obtains injuries from an accident stemming from breaking the law. This claim has a ninety nine percent chance of being denied from the work comp insurance carrier provider.
It can easily be anticipated that insurance providers are constantly changing policy provisions to cover their positions. Again, one can almost guarantee that claims including injuries due to negligent actions that are illegal will be promptly denied many a time. Experienced Worker’s Compensation Physicians can assist. This is worth commenting below.
I was reviewing another worker’s compensation article that made a few great points. The posting at Washington and Business Costs should increase one’s concerns.
After businesses lobbied the DLI, which is the Department of Labor and Industries, they have considered a rate hike of no more than eight percent. It’s easy to suspect that the businesses being referred to in the article are insurance companies. The Labor groups take as much action as they can against the “Businesses” and the lawmakers with no success.
Among some of the changes other than increased rates include decreased payout amounts and lower settlements. If rates are increasing then why are the payouts decreasing? The only one that seems to be negatively affected is the injured worker. When an employee is injured at work, their income instantly drops sometimes by half. Now just imagine this extra burden. Who’s lobbying for the future injured? Nobody! It’s been mentioned many times, the representatives in the House look like they’re merely “Playing House”. Although Washington should be ashamed, there are still a few Work Comp Specialists and Physicians in your area.
Many are talking about the recent case in which a Florida judge awarded an illegal immigrant worker's compensation benefits even though the worker is an illegal alien. The on the job injury occurred at a construction company early last year. Lawmakers Concerned About Work Comp Case is just one of the articles that one could find explaining some of the details of this awkward case.
A panel of of three judges from the First District Court of Appeals found that the illegal worker, Luis Aragon, was entitled to the benefits that normal citizens would obtain after an on the job injury. The judges thought process was that it was the only right thing to do. The judges contend that the insurance company should pay for the medical care instead of the taxpayers amid unreimbursed medical treatment.
Many of Florida's state representatives disagree with the crazy decision including Ritch Workman. He believes, like most, that the insurance company should recoup all expenses involved in this case from the construction company. Sure, it's only a misdemeanor to hire an illegal immigrant in Florida but it should be a felony for both the employer and the employee. It is against the law to be an illegal alien. Florida has more strict laws than other states due to problems like these. Some suggest that the business license be revoked from the construction company or any other businesses that hire those that break the law right in front of your face without concern. Who would want to hire someone with these qualities and characteristics in the first place regardless of low wages?
To make things worse and to strain the court system furthermore, the lower court judge with all his pseudo wisdom awarded this same illegal alien permanent total disability benefits on a continuous basis because he felt that the law breaker was going to have great difficulty obtaining another job due to the lack of the English language. Are you kidding me? This judge gave a law breaker free money for life because he can't speak English. What? The illegal immigrant should have been given prompt medical care and then immediately deported.
Experienced Workers Comp Doctors and Physicians are available with some research regardless if the work comp system is being strained by the poor decisions like the judges mentioned above as well as the increased premiums because of the illegal workers like the one mentioned above. Where do you stand on this delicate problem? Comment below.
Many illegal immigrants and workers usually have a difficult time obtaining healthcare, especially worker's compensation. But there is hope for these types of employees when it comes to receiving medical services.
Federally funded clinics are starting to emerge in popularity for many reasons. Most importantly, these facilities provide free medical treatment for illegal workers that don't have the ability to leave the job site to visit the medical clinic. And these employees are further concerned to engage certain people due to their immigration status. Moreover, most cannot afford healthcare or even office visit charges.
These free clinics continue to increase in locations. Surprisingly, these federally funded physicians will travel to the immigrants work site and provide medical care before work, after work and sometimes during the workers' lunch breaks. Only approximately twenty percent of these illegal workers utilize the free program due to a variety reasons of mistrust and a history of racial allegations. If an illegal worker cannot afford healthcare for any type of symptom or cannot travel to a medical clinic, then this would be a great place to start.
Worker's compensation benefits don't compare to regular healthcare benefits. Since the insurance providers lobby congress to pass certain laws, the work comp system positively caters to the workman's compensation insurance carriers. Medical treatment is still difficult to get approved by these insurance companies and reimbursement rates continue to decline. However, there are a few Experienced Work Comp Physicians and Medical Clinics available for on the job injuries and more.
With all this said, illegal immigrant workers that are injured at work can bypass the entire worker's compensation system without paying a dime. Happily, the employers of these injured workers don't have to pay the overly expensive work comp insurance premiums. The company owners can just simply call out the free traveling mobile medical clinic. Perhaps, they should just have a monthly clinic day and schedule a few baby deliveries at the same time. This is a deal for employers and immigrant workers; they get immediate medical treatment without first going through the difficulties in locating a treating physician and also not having to wait for authorization. Comment below if you know more.
- February 27, 2012
- Worker's Compensation
- doctor, family practice doctors, injured employee, injured workers, medical industry, physical therapy, physician, primary care physicians, workers compensation, workmans compensation
It looks like Washington "Got One Right". There are new details explaining recent legislation in Washington that describes a multitude of benefits for the worker's compensation program and the changes that will possibly save the system over one billion dollars within the next four years.
The article at Work Comp for Employees touches on these changes but more importantly, it seems like the injured employee has finally been taken in consideration when these new laws and workman's comp legislation was created. As most will concur, injured workers and patients' interests are rarely sought because policy makers are lobbied by the insurance carriers and others in the medical industry.
In most states, it is very difficult to locate a worker's compensation physician. The vast majority of primary care physicians and family practice doctors refuse to treat for injuries obtained at work and other third party accidents. The medical professionals must first be approved by the state and on the State Approved Doctors List. Moreover, the most doctors and medical clinics don't have the necessary staff to handle the increased workload that is associated with medical treatment and reimbursements for work comp. Another reason for the increased workload is because pre-authorization is required for diagnostics, physical therapy, office visits, etc. Pre-authorization can take hours and hours of phone time and paperwork which can result in lower profits due to an increase in costs. Also, regardless of the severity of the employee's injury, claims can be denied by the worker's compensation insurance provider for many reasons. Avoid these denied claims and locate an Experienced Worker's Compensation Physician.
Washington legislation might have solved this problem but only time will tell. With the addition of another bill passed last year, Washington thinks that injured workers will now be provided the highest quality of care. The problem is what does Washington consider "High Quality". What do you think Washington defines as "High Quality"?
- February 20, 2012
- Worker's Compensation
- doctor, injured employee, injured worker, injury, law firm, on the job injury, physician, recovery, work comp insurance, workers compensation
The Law Firm at Gruhin & Gruhin nailed it correctly. The article at Ohio Workers Comp was enjoyable to review and explained that if an injured employee failed to report their on the job injury within a specific amount of time, the employee still has certain rights.
In the majority of the states, an injured worker usually has thirty days to inform their supervisor of the accident. Mr. Gruhin goes on further to state the most likely steps and process that will unfold once an Ohio Workman's Compensation claim is filed. In this article, the law office details certain time frames and other limitations associated with this process.
Over at Experienced Workers Compensation Treatment, it thoroughly explains that there are many different reasons that an injured employee might need legal representation and the most likely scenarios to transpire. Moreover, if for some reason an injured worker fails to notify a co-worker or a supervisor in a timely or prompt fashion, then the employer's work comp insurance carrier could deny the claim. This is just one example when it would be necessary and prudent to retain a well experience law firm.
Worker's Compensation Insurance providers are looking for any reason to deny an accident claim, especially if the injury wasn't reported within 30 days. Plus, work comp attorneys have a list of proven and experienced worker's compensation physicians as well as work comp doctors have a list of experienced lawyers that they utilize. Combining experienced medical professionals with the right legal representation can provide a swift recovery so that the employee can return to work as soon as possible. If you can add anything more valuable, then we would love to hear from you below.