w orkplace r isk workers’ compensation & unemployment

WORKPLACE RISK

Workers’ compensation& Unemployment

WORKERS’ COMPENSATION

In all but one (Texas) of fifty States employers are required to carry workers’ compensation.

Before there were laws requiring workers' comp. workers who were often disabled, killed, or injured on the job had to pay on their own.

Workers’ comp was put into place to help cover injuries on the job or pay a substantial death benefit to compensate survivors.


High insurance premiums are an incentive for employers to maintain a safe workplace

By keeping it safe they can lower injuries and lower premiums.

Occupational Health & Safety Administration (OHSA)


What it CoversVaries from state to state but most: medical

expenses, physical and/or occupational therapy and rehabilitation, job training, percentage of lost wages (2/3) tax free, compensation for loss of a limb or other body part, disability coverage, vocational training if unable to return

In case of death agreed upon death benefitsAdaptive Technology: if the loss of your

finger prevents you from performing your old job the employer will have to put some type of technology so you can.


What it Covers cont…Repetitive injuries: data entry, shipping

clerk, or others may lead to injury because of repeatedly performing same activity over long period of time

In turn for accepting workers’ compensation benefits, you cannot sue your employer for damages unless by hazardous and employer negligence.


Eligibility : Who’s Covered, Who’s Not? Injuries not covered: Sate laws differ but in

general you would have trouble with workers’ comp for Injuries you inflicted on yourself Injuries you suffered while under the influence Injuries suffered in the course of a fight you started Injuries you suffered while disobeying orders or

violating employer policy Injuries suffered while committing a crime Injuries suffered while not on the job


Filing A Workers’ Compensation First, Notify your Employer Second, Follow Doctor’s Orders Third, File your Claim Always Document Everything

UNEMPLOYMENT INSURANCE

1935 part of the Social Security Act Pays benefits to unemployed workers who

meet certain eligibility requirements called claimants

This program has two main objectives 1. Give economic relief to workers and their

families 2. Promote economic stability

Each state sets unemployment insurance standards for employers and employees within its borders.


Unemployment is funded through a system of federal and state taxes paid by employer but in few state by both employer and employee.

Who is Eligible? Individuals who meet their state’s requirmensts

for wages earned or time worked during the base period usually a year

Unemployed through no fault of their own Must be able to work Must be available to work Must be actively searching for work


Who is Not Eligible Individuals who quit job voluntarily Individuals who are fired for reasonable cause

Reasonable cause means gross misconduct, alcohol or controlled substance, theft or crimes, refusal to follow instructions.

Individuals involved in Labor Dispute Unions on strike


Filing a Claim First, you File

SS#, Name and address of your employers last 18 months, plus dates you worked for each

Proof of your immigration status if you are not U.S. Citizen

If you withhold information or falsify you may face fraud.

Your Former Employer Verifies Benefits

If goes smoothly then 2-3 weeks to receive benefits

Indiana: $30,000 year $30,000 /52 weeks = $576.92 $576.92 x .47 = $271.15 (always round down) $271 week does not exceed $390


Benefits The UI is for 26 weeks and then there are 4

extension with the federal government. Then after all extensions are up then you can apply for the state extension. So if you are able to draw all those weeks it is a total of 99 weeks of unemployment benefits. The only thing to keep in mind is that they need to be eligible to receive all those wks.


Maintaining Your Eligibility Must be able to work Must be available for work Must be actively looking for a job each week, and

document Looking for full time job Must be registered with unemployment office

and respond if contacted You must not refuse any suitable job offers : what

you are qualified for Must report all other earnings from other sources

w orkplace r isk workers’ compensation & unemployment

Documents