Posted on March 1st, 2010
Vermont Governor Jim Douglas said Monday that business owners in his state will soon be paying less for workers’ compensation insurance.
Insurance rates and premiums will change on April 1, marking the fourth consecutive year in which rates have decreased. The new rates were approved by the Department of Banking, Insurance, Securities and Health Care Administration.
The new rates will vary from industry to industry. There were significant reductions in the ski industry; rates will go down by 13 percent. Dairy farms will also see substantially lower rates, almost a 19 percent decrease.
In North Carolina our workers’ compensation program is based on the belief that employees should be able to receive full medical treatment for their injuries. If you or someone you know has been injured on the job, the Raleigh workers’ comp lawyers of Scudder & Hedrick, PLLC can help. Please call our offices at 919-851-3311.
Posted on February 26th, 2010
The Connecticut police officer that was denied workers’ compensation for the post traumatic stress he suffers following a chimp attack testified Thursday to amend the current law in his favor.
Officer Frank Chiafari responded to a call of a chimp attack last year. When he arrived at the scene the chimp, named Travis, attacked the officer and attempted to pull him out of his squad car. Chiafari was forced to shoot the animal. Chiafari’s superiors filed a claim on his behalf for workers’ compensation for the post-traumatic stress that still affects him. The claim was quickly rejected five days later because state workers’ compensation law does not cover police officers claims if they shoot an animal.
Chiafari testified before the legislature’s Labor and Public Employees Committee, hoping to persuade members to vote in favor of an amendment that would permit police officers who shoot attacking animals to submit workers’ compensation claims. “I came this close to getting ripped apart myself, an dI can’t get that out of my head – seeing [Travis'] face coming at me with bloody teeth…” Chiafari told the committee.
If you or someone you know has been injured on the job, please contact a Raleigh workers’ compensation lawyer of Scudder & Hedrick by calling 919-851-3311.
Posted on February 25th, 2010
Wal-Mart Stores Inc. has lost a bid to deny workers compensation benefits to an employee who received a $900,000 award in a civil lawsuit.
Donald Greg Wells filed a lawsuit against Wal-Mart after suffering injuries from exposure to carbon monoxide while working in a freezer for the Wal-Mart Distribution Center. Wells was awarded benefits and Wal-Mart subrogation credit in the ruling, but the company appealed the decision. The company’s stance was that the hired contractors who renovated the freezer, Atlas and Unarco, were at fault.
Wells filed civil actions against Atlas and Uarco which resulted in $900,000 settlements.
Wal-Mart claimed that Wells should only be allowed to collect from the civil suits or a workers’ compensation claim, not both. The Administrative Law Judge presiding over the case stated that Kentucky law requires that an employee’s legal expenses be deducted from the employer’s or insurer’s portion of any recovery. Wells received $126,811 Wal-Mart subrogation credit.
If you or someone you know has been injured on the job, please contact a Raleigh workers’ compensation lawyer of Scudder & Hedrick by calling 919-851-3311.
Posted on February 19th, 2010
A police officer in Connecticut who survived a chimp attack last year has been denied workers’ compensation.
According to the Stamford Police Department, officer Frank Chiafari responded to a call last year about a loose chimpanzee. When Chiafari arrived at the scene the chimp, named Travis, charged at his vehicle, breaking the side view mirror off, and tried to pull the officer outside through the window.
Chiafari was forced to shoot the chimp four times before it finally backed down.
The police officer says he now suffers from nightmares, mood swings, and flashbacks.
Chiafari applied for workers’ compensation to help pay for treatment of the post traumatic stress disorder, but was denied. The state said it can only cover cases where an officer shoots a person, not an animal.
Chafari plans to testify next week in an attempt to change the law.
If you or someone you know has been injured on the job, please contact a Raleigh workers’ compensation lawyer of Scudder & Hedrick by calling 919-851-3311.
Posted on February 12th, 2010
A lawsuit filed against the Ohio Bureau of Workers’ Compensation has dramatically expanded following a decision by a Common Pleas Court.
The lawsuit was originally filed in 2007 by seven small Northeast Ohio businesses alleging that the bureau’s group discount plan illegally offers below-cost rates to group members and overcharges businesses that don’t qualify for a group. The recent decision by Judge Richard McMonagle reclassified the case as class action, allowing for 100,000 business statewide to seek upwards of $1.5 billion in restitution.
Attorney Stuart Garson, who represents the Ohio small business owners, said the new ruling “makes the restitution claim feasible on behalf of the approximately 100,000 small businesses that were adversely affected by the BWC’s group rating program.”
If you or someone you know has been injured on the job contact a Raleigh workplace injury lawyer to help you obtain the full compensation you deserve. Please call a Raleigh workers’ compensation attorney of Scudder & Hedrick at 919-851-3311.
Posted on February 12th, 2010
The United States Equal Employment Opportunity Commission has settled a workers’ compensation lawsuit against Sears, Roebuck & Co for $6,200,000.
In the lawsuit the EEOC claimed that Sears maintained an inflexible workers’ compensation leave exhaustion policy and opted to terminate employees instead of providing them with reasonable accommodations for their disabilities. The settlement is the largest in the EEOC’s history dealing with the Americans with Disabilities Act.
The terms of the consent decree provide claim forms to certain Sears employees who had been terminated under the company’s old policy. The EEOC found that 235 employees were entitled to a share in the settlement. The average award per person was around $26,300.
Following court approval of the settlement, EEOC Acting Chairman Stuart Ishimaru said “It is a satisfying day indeed when victims finally receive compensation for the wrongful discrimination they have endured.”
If you or someone you know has been injured on the job contact a Raleigh workplace injury lawyer to help you obtain the full compensation you deserve. Please call a Raleigh workers’ compensation attorney of Scudder & Hedrick at 919-851-3311.
Posted on February 5th, 2010
Thousands of lawsuits filed by 9/11 rescue workers againstNew York City are moving closer to settlements, according to a federal judge.
Close to 11,000 September 11 rescue workers have pendinglawsuits against responding agencies and the city, litigation has been goingsince 2004. The judge who is presiding over the matters mentioned that theparties are looking toward possible group settlements while some lawsuits maystill be settled individually.
The cases deal with rescue and cleanup workers who sufferfrom illnesses they claim stem from working at Ground Zero after the terroristattacks of 2001.
If you have been injured in the workplace, please contacta Raleigh workers’ compensation attorney of Scudder & Hedrick by calling919-851-3311.
Posted on February 5th, 2010
A Philadelphia man has pleaded guilty in Maryland toconspiracy to commit insurance fraud after he staged a fake robbery and shothis own cousin as part of an elaborate conspiracy to help the cousin collectworkers’ compensation insurance.
46 year-old Joseph Francis Brooks, of Philadelphia, wasgiven a five-year suspended sentence and 18 months probation.
In August while working for UPS, Brooks’ cousin PierreLamont Taylor, was “robbed” by Brooks and shot in his right leg. Taylor soonfiled a workers’ compensation claim with Liberty Mutual Insurance.
Judge Michael J. Algeo said the incident “ranks as one ofthe dumbest things” he has seen anyone do.
If you have been injured in the workplace, please contactthe Raleigh workers’ compensation attorneys of Scudder & Hedrick by calling919-851-3311.
Posted on February 3rd, 2010
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Posted on January 28th, 2010
Each year, more than 80,000 employers submit information about illness and injuries in the workplace to the Occupational Health and Safety Administration (OSHA). While the administration has collected data every year since 1996, the information was not available online until now. OSHA has now revealed a new searchable online database that has information from 1996-2007 so the public can look at data for an establishment or specific industry.
Workplace injuries can have a serious effect on your life and ability to support yourself and your family. If you are injured in an accident at work, contact the Raleigh worker's compensation attorneys of Scudder & Hedrick at 919-851-3311 today.