Monthly Archives: December 2016

Don’t Believe What Insurance Carriers Say: Workers Do Finish Retraining Programs

Today’s post comes from guest author Charlie Domer, from The Domer Law Firm.

“He’ll never go back to school.”  “He’ll never complete school.”

As a representative of injured workers, I hear those refrains on repeat from insurance carriers.  And, guess what?  It’s just not true.

Vocational retraining claims straddle the line between being a worker’s advocate and being their social worker.  Under the law, if an injured worker has permanent limitations following an injury that does not allow them to return to their former employer, they can pursue vocational retraining benefits–which includes receiving weekly workers’ compensation benefits (2/3 of weekly wage) along with compensation for meals, parking, books, mileage and tuition.  As an advocate, I’m urging an injured worker to pursue retraining to maximize their benefits under the law.  But more importantly, I put on my “social worker” hat to encourage these workers to return to school as a means to help themselves, their families, and society as a whole.

Restoring an injured workers’ earning capacity serves as the underpinning behind vocational retraining benefits.  Simply put, we want to incentivize working.  If a worker is too injured to return to their old line of work, let’s try to get that worker retrained (presumably to a less physical field) so they can reenter the workplace and be a productive member of the economy.  Social work and advocacy fit together when encouraging a worker to go back to school.

However, far too many insurance carriers scoff at the viability of injured workers returning to school–especially after decades of absence from a school setting.  Even though not everyone is a great school candidate, I’m amazed each and every day watching my clients pursue their retraining with passion and vigor.   I feel pride and vindication when that same client forwards me a copy of their certificate or diploma after completing the program.  That document is immediately forwarded to the insurance carrier.  (I recently forwarded a completed diploma from the University of Wisconsin-Milwaukee and one from Milwaukee Area Technical College).

Most workers just want to be back working.  They want to earn income, provide for their families, and find purpose.  If a work injury knocks them out of their old job, most workers embrace the idea of going back to school and finding a new field that fits their limitations.   Even for individuals with limited eductional backgrounds, most schools provide incredible academic support or remedial programs.  Under Wisconsin law, we can claim vocational retraining benefits for remedial or GED programs, even before a worker begins a formalized program (though consulting with an attorney first is best).

I’d urge insurance carrier to not underestimate the efforts of a motivated worker.

 

What Happens If I Get Hurt at My Second Job?

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.

An estimated 7 million Americans work at least two jobs. As the holidays approach, many people will take on holiday jobs as well. Getting hurt at a second job or a holiday job can also create problems at your full-time or regular job. This post will help you navigate some of those issues:

  1. What benefits are you entitled to when you are hurt at a second or holiday job?Your benefits are limited by the wages you are receiving at your second job. You might be able to increase this amount with tips or other perks, but you cannot be paid for wage loss from your first job. If you do have permanent disability, that will be paid based off of a 40-hour week even if you worked part time.

    Receipt of workers’ compensation benefits assumes that you are an actual employee and not an independent contractor. For most relatively low-wage part-time work, this is a fair assumption. But since I wrote my holiday job post back in 2013, there has been the emergence of ride-hailing companies like Uber and other sharing-economy companies that have blurred the lines between employee and independent contractor. If you get hurt working for one of these companies, you should contact an attorney, as the distinction between an employee and independent contractor is very fact specific.

  2. How does a work injury at a second job affect your benefits at your regular job?

     

    Health insurance

    Assuming your other job’s workers’ compensation insurance company picks up your medical benefits, your health insurance from your regular job would not be affected. But in a disputed case, you may have to use health insurance from your regular job to pay for your workers’ compensation injury at your second job. In that case, you should list workers’ compensation from the company where you were hurt as the primary insurance and your private health insurance as your secondary insurance. Also be aware that if you settle your workers’ compensation claim, you may have to pay back your private health insurance. If you go to trial and win an award of medical benefits, your medical providers should refund the private health insurance and reimburse you for out-of-pocket expenses. In a disputed case, you should contact an attorney not only to get benefits but also to health navigate reimbursement.

    Short-term and long-term disability

    Larger employers will often have short-term and long-term disability policies to help employees make up for lost income. These are a mixed bag. Some won’t let you collect benefits for work injuries, some may allow you to double collect workers’ compensation and disability, while others may require you reduce benefits. These policies often have repayment policies if a workers’ compensation case is settled as well. It is helpful to have a lawyer to help you with this process as well.

  3. How does a work injury at a second job affect your employment at your regular job? 
    Assuming your injury requires you to miss time from work, you can claim the Family and Medical Leave Act, assuming your employer has 50 employees, you have worked there for a year, and you have worked there for at least 1,250 hours over the last year. Assuming your employer has 15 employees, your employer would be required to make some reasonable accommodations for your injury under the Americans with Disabilities Act. You should reach out to a lawyer if either employer requires you to return to work without restrictions. The Equal Employment Opportunity Commission has stated in final regulations implementing the Americans with Disabilities Amendments Act of 2008 that policies that force employee to return to work without restrictions are unlawful. Ironically, if you are hurt at your second job, that employer is probably more likely to return you to work at light duty so that they can avoid or reduce what you are owed in temporary benefits. The new ADA regulations were intended in part to end how work-caused and non-work-caused disabilities are treated.