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Category: Workers’ Compensation

Do I pay taxes on my Workers’ Compensation benefits?

August 1, 2016
Oxner
Workers’ compensation benefits are tax-free. This means you will not pay taxes on your weekly checks or on the settlement. Social Security Disability payments are taxable though – including the amounts offset by workers’ compensation. This is technical so you should call an attorney or your tax advisor.
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Can I sue my employer for negligence?

August 12, 2016
Oxner
No. Your only avenue is through workers’ compensation. It is possible in some instances to get an additional 10% penalty against your employer if you can prove that they willfully failed to comply with any statutory requirement. While the law doesn’t specifically state, this it is generally understood to refer to a safety statute. In […]
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I was injured because of someone’s mistake. Can I sue them?

August 29, 2016
Oxner
You may absolutely sue a third party – that is someone, other than your employer, who negligently, recklessly, or willfully injured you. The catch to this is that your employer may also sue the third party in an effort to recoup the money that has been paid out on your worker’s compensation claim. There are […]
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My health insurance paid some of my bills. Do I have to pay them back?

September 7, 2016
Oxner
This is another of our favorite “it depends” questions. If your health insurance is an ERISA plan then you’ll likely have to pay at least some of the money back. Multi-state employers, through some unions, etc., usually carry ERISA plans. On the other hand, if you have a local health insurance plan then the answer […]
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Can I retire and be on workers’ compensation?

September 13, 2016
Oxner
Yes, you can. Some adjusters and vocational rehabilitation professionals will tell you otherwise. But the law is clear: you may be retired and still have workers’ compensation benefits. There are three things to pay attention to: You can draw workers’ compensation checks and Social Security retirement checks at the same time. With only a rare […]
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