Episode 24: The Workers Comp Come Up!

This week Ann, Becky, and Dan discuss what Workers Comp is, how to get it, and some of the rules (which vary by state). Don’t forget to subscribe, review, and follow us on Twitter @BlackLawPodcast!

The Workers Comp Come Up!

Getting hurt at work pays… sometimes.

What is workers comp?

  1. Do all businesses have workers comp insurance?
    • If not, what happens when someone gets hurt on the job?
    • If so, is it required by law?
  2. What qualifies as a workplace injury?
  3. Falling, slipping, lifting, climbing, etc…?
    • Horseplay?
    • Negligence by the employee? (not paying attention… e.g. touching hot oven)
    • Psychological?
    • Aggravating a pre-existing injury?

          4. What doesn’t qualify as a workplace injury?

How to get Workers Comp.

  1. Are you required to report the injury to a specific person, in a specific time frame?
  2. Are you required to seek medical attention?
  3. If you seek medical attention, then return to work without missing time off (other than to seek medical attention) are you still entitled?
  4. How much does workers comp pay?
  5. How long can you receive workers comp?
  6. How long does filing a claim take, and how long until an injured employee gets paid?
  7. Are there any specific forms or reports that need to be filled out?
  8. Can an employer fight the claim?
  9. If drug tested and you test positive for an illegal substance are you automatically disqualified?
  10. What if you weren’t on that particular substance when the injury occured?
  11. What if the substance is a prescribed medication from your doctor, who has also cleared you to work?

Filing fraudulent claims.

  1. What are the penalties for filing a fraudulent claim? How are claims investigated?
  2. How common are fraudulent claims?

Getting injured having sex at work… is it covered?

  • If sex is part of your job? Porn? Hooker?
  • If sex isn’t part of your job?

Ask an Attorney:

Andrew in Amityville.
I work standing for 10 hours a day. Lunch breaks aren’t paid and they’re actually frowned upon by my employer. Are lunch breaks and other 15 minute breaks every X amount of hours required by law? Should lunch breaks be paid? How about any other breaks? Thanks!