Today’s post comes to us courtesy of our colleague Paul McAndrew of Iowa.
According to a recent decision by the Texas Supreme Court, a temporary employee cannot be excluded from an employers’ workers’ compensation policy.
In 2005, Rafael Casados was killed on his third day at work at a grain storage facility owned by Port Elevator-Brownsville L.L.C. Because Casados was a temporary employee of Port Elevator at the time of his death, he was initially awarded a liability ruling of $2.7 million directly from Port Elevator. However, according to the latest Supreme Court ruling, Casados’s family should receive remedy under Port Elevator’s workers’ compensation policy instead. Port Elevator’s insurance provider is liable for Casados’s death benefits, despite the fact that Port Elevator never paid workers’ compensation insurance for any of their temporary employees.
According to the decision: “If Port Elevator’s policy had set out certain premiums solely for temporary workers and Port Elevator had not paid those premiums, Casados would still have been covered under the policy and the failure to pay premiums would be an issue between Port Elevator (their insurance provider).”
Is your employer committing fraud?
All employees should be on the lookout for signs that their employer or potential employer is engaging in workers’ compensation fraud.
The list of signs below was inspired by this one from the Washington State Department of Labor & Industries.
These signs may indicate that your employer is not paying workers’ compensation insurance for their employees. If they aren’t, this could put you in a very difficult situation if you are ever injured on the job.
If any of these signs sound familiar, report the employer to the Fraud Investigations Department of the North Carolina Industrial Commission and, if at all possible, find another job.
Your employer may be engaged in workers’ compensation fraud if:
- They pay you in cash and don’t give you any kind of payroll stub.
- They give you a 1099 form instead of the standard W-2.
- They pay you other than in cash or check, by such things as free rent, reimbursement of expenses, barter, etc.
- They pay you on a piecework basis and do not record hours.
- They require you to work long hours but turn in fewer hours than you actually worked.
- You or somebody you know is injured on the job, and the employer promises to pay the medical bills rather than reporting the accident to the North Carolina Industrial Commission.
- The reported hours on an injured worker’s accident report do not match the hours the employer reported to the North Carolina Industrial Commission. Continue reading
Work injury stress may bring about depression and suicidal thoughts, but suicide is preventable.
Several years ago I had declined to represent an injured truck driver until his wife called me and said she found a suicide note and asked me to reconsider. I did and was able to help him. I believe there is a connection between suicide and workers’ compensation. Clearly the pain of an injury, coupled with the stress of not being able to return to work can cause tremendous psychological strain.
One Texas doctor actually testified at a legislative hearing that prolonged decisions on workers’ compensation coverage in the state had lead to an increase in work’ comp’ related suicides in recent years. “The incidence of those reports has been astonishingly high compared to five years ago,” he told the legislators, “when they were, to my knowledge, nonexistent.”
Below are some signs that you or somebody you know may be at risk. This list of warning signals comes from the website of the American Psychological Association. If you see any of these signs, seek help from a doctor or therapist, or call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255). Continue reading