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Workers' Compensation
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Why is my employer having me come to work and just sit there?

Short answer: because they can. Long answer: many employers and insurance adjusters are obsessed with the idea that injured workers are slackers who want to sit home and watch daytime television. We’ve met about three such workers and thousands who just wanted to get better and back to work they could safely do without further […]

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Workers' Compensation
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I just started working here last month. How do they figure my average weekly wage?

Normally the adjuster determines how much you made in each of the 52 weeks preceding the date of injury. This includes bonuses, per diems, etc. If you missed more than a week we exclude that period of time from the calculation. If you didn’t work there a full year we look at only the period […]

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Workers' Compensation
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My boss just said I’m an independent contractor. Can I still get workers’ comp?

Absolutely. There are several things which go into determining who is an employee and who is an independent contractor. But the one thing the court says we can ignore is what your boss says about it. Employers in certain business fields are notorious for calling employees independent contractors. And many employees go along with it […]

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Workers' Compensation
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I’m not sure my employer has workers’ compensation insurance. How do I find out?

Call us. We can help track this down. Every employer is required to advise the Industrial Commission of this although many do not. Smaller companies are prone to skipping this and certain business types like construction, home health agencies, and small trucking companies seem to neglect this as well. By law they are all required […]

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Workers' Compensation
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My employer told me to file this claim on my health insurance. What’s wrong with that?

Here’s a great “lawyer answer”… it depends. What we worry about is when an employer tries to avoid telling their workers’ compensation carrier about a claim. It’s sort of like getting into a fender bender in a parking lot. You may be tempted to pay the other guy $500 to get his car fixed and […]

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