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	<title>ClearWater Employment Lawyer Blog &#187; Compensation</title>
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		<title>The differences between worker’s compensation injury and other personal injury</title>
		<link>http://www.clearwateremploymentlawyer.net/compensation/the-differences-between-worker%e2%80%99s-compensation-injury-and-other-personal-injury.html</link>
		<comments>http://www.clearwateremploymentlawyer.net/compensation/the-differences-between-worker%e2%80%99s-compensation-injury-and-other-personal-injury.html#comments</comments>
		<pubDate>Mon, 30 May 2011 06:52:47 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Compensation]]></category>

		<guid isPermaLink="false">http://www.clearwateremploymentlawyer.net/?p=300</guid>
		<description><![CDATA[There are some important differences between personal injury and worker’s compensation injury that you should be alert to so that you know what to anticipate if you are injured at your workplace: * With personal injury cases, you can adjust &#8230; <a href="http://www.clearwateremploymentlawyer.net/compensation/the-differences-between-worker%e2%80%99s-compensation-injury-and-other-personal-injury.html">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">There are some important differences between personal injury and worker’s compensation injury that you should be alert to so that you know what to anticipate if you are injured at your workplace:</p>
<p style="text-align: justify;">* With personal injury cases, you can adjust or continue. If you sue, the case will go to the court and the jury decides your compensation. With the case of work place injury, you must file a claim with the insurer of your employer workers&#8217; compensation. The insurer will decide whether you are covered and you are paid damages according to a predetermined schedule or set of rules (often it is either based on a list of payments for state specific injuries or derived from an impairment rating that evaluates the severity of your injuries)</p>
<p style="text-align: justify;">* With personal injury cases, you generally have to prove that the defendant was negligent (though there are some exemptions to this rule, for example dog bite cases and product liability, where strict liability may be obligatory). With workers&#8217; compensation, it is not mandatory to prove negligence and your boss or employer must not have been neglectful. If you are injured at the time of your work, you can get unless you were specifically violated the company policy, under the influence at work.</p>
<p style="text-align: justify;">Get Help</p>
<p style="text-align: justify;">If you have been injured at work, you should consult a <a href="http://www.walkermorgan.com/Expertise/Workers_Compensation_Injury.php">worker compensation injury</a> attorney as soon as possible. Your lawyer can explain what rights you have under worker&#8217;s compensation system and can help you through the process of recovering your damages.</p>
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		<title>Compensation injury: Laws covering workers compensation</title>
		<link>http://www.clearwateremploymentlawyer.net/compensation/compensation-injury-laws-covering-workers-compensation.html</link>
		<comments>http://www.clearwateremploymentlawyer.net/compensation/compensation-injury-laws-covering-workers-compensation.html#comments</comments>
		<pubDate>Fri, 28 Jan 2011 06:37:19 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Compensation]]></category>

		<guid isPermaLink="false">http://www.clearwateremploymentlawyer.net/?p=227</guid>
		<description><![CDATA[It is the duty of the government to ensure that the American workplaces are free from discrimination and malpractices. The Fair Labor Standards Act is passed to maintain fair standards in American workplaces. The Department of Labor administers around 180 &#8230; <a href="http://www.clearwateremploymentlawyer.net/compensation/compensation-injury-laws-covering-workers-compensation.html">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">It is the duty of the government to ensure that the American workplaces are free from discrimination and malpractices. The <strong>Fair Labor Standards Act</strong> is passed to maintain fair standards in American workplaces. The Department of Labor administers around 180 federal labor laws in all states. The state governments are also empowered to employ labor laws.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">It is a duty of the employer to employ safety measures to protect the employees. Employees engaged in construction, nuclear power plants, etc are liable to get protective gear from their company. There are state-by-state variations in compensation. There are 12 states, which has state funds serving as models for private insurers.</p>
<p style="text-align: justify;">
<p style="text-align: justify;"><strong><a href="http://www.walkermorgan.com/Expertise/Workers_Compensation_Injury.php">Workers compensation injury</a></strong> claim has to go through certain stages for filing claims. The steps include:</p>
<ul style="text-align: justify;">
<li>Notify your employer or company about the compensation.</li>
<li>Visiting a doctor to evaluate your injury or give immediate medical attention in case of serious injury</li>
<li>You should fill up the workers compensation claims form. The form is available in your company, state/local office of workers compensation.</li>
<li>After filling up the form, it has to be submitted to your employer. Your employer will forward it to the respective office for further action.</li>
</ul>
<p style="text-align: justify;">
<p style="text-align: justify;">One should take the help of a labor lawyer for helping you to go through the process. In case you need to file a lawsuit to retrieve your claim, keep a labor lawyer handy.</p>
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		<title>Workers’ Compensation for Texas Labor &amp; Construction Workers</title>
		<link>http://www.clearwateremploymentlawyer.net/compensation/workers%e2%80%99-compensation-for-texas-labor-construction-workers.html</link>
		<comments>http://www.clearwateremploymentlawyer.net/compensation/workers%e2%80%99-compensation-for-texas-labor-construction-workers.html#comments</comments>
		<pubDate>Fri, 24 Dec 2010 11:10:04 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Compensation]]></category>

		<guid isPermaLink="false">http://www.clearwateremploymentlawyer.net/?p=206</guid>
		<description><![CDATA[Understanding how workers’ compensation works can prove to be highly beneficial to you should you experience an accident while on a construction site. Seeking compensation for a sustained injury is important so that you can pay medical bills, be compensated &#8230; <a href="http://www.clearwateremploymentlawyer.net/compensation/workers%e2%80%99-compensation-for-texas-labor-construction-workers.html">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">Understanding how workers’ compensation works can prove to be highly  beneficial to you should you experience an accident while on a construction  site. Seeking compensation for a sustained injury is important so that you can  pay medical bills, be compensated for your lost wages due to time off from work,  and start a recovery process so that you can get back to working, if possible.  If your sustained injury is so severe that it prohibits you from working any  more at all, seeking compensation for your loss of future earnings is even more  important since you’ve lost the ability to work. As such, understanding how  workers’ compensation may help or hinder you could be vitally important to your  financial future. Our <a title="Work Accident Injury, Corpus Christi TX" href="http://www.injurylawyersofcorpuschristi.com/work-accident-injury">Corpus  Christi work injury lawyers</a> offer the following information to help you  become a better informed construction worker so that, if you become injured  while on the job, you’ll have a general understanding of the process for seeking  compensation for your injury.</p>
<p style="text-align: justify;">It should be noted that the following information directly applies to Texas’  workers’ compensation program. The laws surrounding workers comp differ from  state to state, so, while the following information can be useful as a broad  outline of the ways in which workers’ comp functions, it should not be taken as  specific legal counsel for your particular accident or case. As such, contacting  an experienced legal representative that can practice in your jurisdiction is  encouraged, since they will likely be able to answer your questions in a more  specific manner. Furthermore, some states mandate that all companies carry  workers’ compensation insurance. Texas does not, and this presents some  interesting scenarios, especially when construction workers have been hurt while  on a construction site.</p>
<p style="text-align: justify;">Workers compensation insurance exists in order to compensate an injured  worker or a bereaved family member for their injury or loss. This is  accomplished through a rather bureaucratic process in which the victim must work  with their company’s insurer in order to receive compensation. In Texas,  companies choose to be covered by workers compensation insurance because it  prevents an injured worker or a bereaved family from bringing a lawsuit against  the company. In other words, it’s often a less expensive cost for an employer to  subscribe to workers’ compensation insurance than to have to pay out  compensation as a result of a lawsuit. For that reason, a majority or companies  subscribe to workers’ compensation insurance.</p>
<p style="text-align: justify;">However, many construction companies will act as if they have workers  compensation insurance in order to make their injured employees, or bereaved  family members, believe that they cannot bring a <a title="Houston Fatal Accident Lawyer" href="http://www.personalinjurylawyersofhouston.com/legal-information/houston-wrongful-death-attorney.aspx">Houston  wrongful death lawsuit</a> or personal injury claim against the negligent  employer. Without the help of an experienced workers comp attorney to  investigate the matter, many companies are able to get away with these tactics.  The victim in such instances is often offered a settlement that is much less  than what is fair or would have been received had they brought a civil case  against the employer. As such, if you’ve been injured, or have lost a loved one,  because of a construction site accident and the status of the employer’s workers  comp coverage is unknown, enlisting the help of an <a title="Personal Injury Lawyers Tyler Texas" href="http://www.injurylawyersoftyler.com/personal-injury">East Texas injury  attorney</a> is often the best first step towards getting to know the truth of  whether or not the employer is immune to a lawsuit.</p>
<p style="text-align: justify;">Furthermore, many construction companies use contractors. This could be done  for many reasons, but often one of the main reasons is that the employer is not  held liable for an injury or accident sustained by a contractor. However, the  legal definition of an employee in Texas is fairly broad, meaning that a capable  attorney can pose certain questions of a worker that can help to define whether  or not an actual employer-employee relationship existed, even if the employer  always called the worker a contractor. This is yet another way that a  construction company can attempt to skirt liability when an accident happens.  Without the help of a knowledgeable accident attorney, these companies, more  often than not, are able to get away without compensating an injured victim when  that victim likely had full rights to pursue compensation.</p>
<p style="text-align: justify;">If an employer does not subscribe to workers’ compensation insurance, also  known as a non-subscriber, then a personal injury or wrongful death claim can be  brought against the employer. In these instances, compensation for a sustained  injury or loss is sought through a personal injury or wrongful death claim.  However, bringing a lawsuit against a company can prove to be challenging  without the proper legal help.</p>
<p style="text-align: justify;">If you’re a construction worker that has been hurt while on a construction  site, or have lost a loved one due to a construction site accident, figuring out  whether or not the employer is covered by workers compensation insurance is  often the first issue that must be decided before further legal action can be  taken. As such, enlisting the help of a <a title="Personal Injury Lawyer Corpus Christi" href="http://www.injurylawyersofcorpuschristi.com/">Corpus Christi injury  attorney</a> to investigate your accident can often prove to be a beneficial  first step towards receiving compensation for your injury or loss.</p>
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		<title>Calculating the Workers Compensation</title>
		<link>http://www.clearwateremploymentlawyer.net/compensation/calculating-the-workers-compensation.html</link>
		<comments>http://www.clearwateremploymentlawyer.net/compensation/calculating-the-workers-compensation.html#comments</comments>
		<pubDate>Wed, 24 Nov 2010 06:56:51 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Compensation]]></category>

		<guid isPermaLink="false">http://www.clearwateremploymentlawyer.net/?p=187</guid>
		<description><![CDATA[What is the method to calculate workers compensation? While every US state has specific terms regarding this matter, generally, a worker gets 66% of the regular wages. When a workplace mishap leaves you with serious injuries, you can claim damage &#8230; <a href="http://www.clearwateremploymentlawyer.net/compensation/calculating-the-workers-compensation.html">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">What is the method to calculate workers compensation? While every US state has specific terms regarding this matter, generally, a worker gets 66% of the regular wages. When a workplace mishap leaves you with serious injuries, you can claim damage recovery based on negligence.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">Workers compensation is different from this. It is a claim to your employer to provide you certain benefits because the cause of the injury was a workplace accident. In most cases, there is no need to pay taxes on this compensation as long as there is specific determination of the injury and its impact.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">The degree and nature of the <strong><a href="http://www.walkermorgan.com/Expertise/Workers_Compensation_Injury.php">workers compensation injury</a></strong> helps in the calculation of the amount. Suppose there is a loss of limb because of an accident. In such a case, the compensation takes into account how this loss affects your working capabilities. Usually it is a lump sum paid at a time.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">If there is complete incapacity, the compensation calculation takes into consideration two important factors – the earnings of the individual and his/her life expectancy. However, you would be unable to get a lump sum if the injury only deters you from returning to your work for a specific period, or if it leaves you capable of some other job.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">In such a case, the difference between what you would have earned without the injuries with what you can earn now is the amount of compensation.</p>
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		<title>What to do when religious discrimination at workplace bothers</title>
		<link>http://www.clearwateremploymentlawyer.net/compensation/religious-discrimination-at-workplace.html</link>
		<comments>http://www.clearwateremploymentlawyer.net/compensation/religious-discrimination-at-workplace.html#comments</comments>
		<pubDate>Tue, 24 Aug 2010 10:21:50 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Compensation]]></category>

		<guid isPermaLink="false">http://www.clearwateremploymentlawyer.net/?p=132</guid>
		<description><![CDATA[Title VII of the Civil Rights Act of 1964 protects all employees from discriminatory practices on grounds of religion. If your employer takes an adverse action against you because of your religion or a certain religious practice, you have the &#8230; <a href="http://www.clearwateremploymentlawyer.net/compensation/religious-discrimination-at-workplace.html">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">Title VII of the Civil Rights Act of 1964 protects all employees from discriminatory practices on grounds of religion. If your employer takes an adverse action against you because of your religion or a certain religious practice, you have the legal right to file a complaint with the authorities.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">Whether it is hiring or firing, or promotions and benefits, religion cannot be the ground for employment decisions in the state of New Jersey. If you think that any decision on the part of your employer is unlawful as it takes into account your religion, you need to talk to a labor attorney to know the right thing to do.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">An attorney proficient in the labor and employment laws of New Jersey is capable of handling the filing. The accused, i.e. your employer, must also be notified about the intention of filing the complaint beforehand. Your attorney knows the right way to approach the particulars of your case.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">Labor and employment laws are complex. You need a <a href="http://www.schallandbarasch.com/">New Jersey labor attorney</a> for this particular reason. He/she has the in-depth knowledge of the laws necessary to deal with a specific case like yours.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">In most instances, these cases reach settlement with negotiation. Choose a lawyer who is capable of handling this with ease. He/she must ensure the preservation of your rights and that you get a fair settlement from your employer too. However, if the two parties do not agree on the issue, a case may go to trial.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">If you can prove the occurrence of discrimination on grounds of religion, you may be able to get the following remedies.</p>
<p style="text-align: justify;">
<ul style="text-align: justify;">
<li>Reinstatement</li>
<li>Back pay and benefits</li>
<li>Promotions</li>
<li>Punitive damages</li>
<li>Attorney’s fees</li>
</ul>
<p style="text-align: justify;">
<p style="text-align: justify;">However, this varies from one case to another. The unique circumstances of the case determine what remedies the court orders.</p>
<p style="text-align: justify;"><strong>Legal resources:</strong></p>
<p style="text-align: justify;">Visit <strong>www.attorney4life.com</strong> to get more information in <strong>Employment Law</strong>. They are quite experienced in providing emplyment attorney services in Coral Springs. <strong>The Law Offices of Staum &amp; Ostfeld is a renowned </strong><a href="http://www.attorney4life.com/">Coral Springs Workers&#8217; Compensation Law Firm</a>.The Firm specifically focuses on handling cases involving Workers&#8217; Compensation, Motor Vehicle accidents, and also personal injury cases.</p>
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		<title>Are you an employee of us? Know more about your rights</title>
		<link>http://www.clearwateremploymentlawyer.net/compensation/know-more-about-your-rights.html</link>
		<comments>http://www.clearwateremploymentlawyer.net/compensation/know-more-about-your-rights.html#comments</comments>
		<pubDate>Tue, 27 Apr 2010 03:49:49 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Compensation]]></category>

		<guid isPermaLink="false">http://www.clearwateremploymentlawyer.net/?p=35</guid>
		<description><![CDATA[Each and every employee should know abut their rights what he is she is entitled to. Every individual worker is subject to a vast range of labor laws in the United States. Here I am going to mention some basics &#8230; <a href="http://www.clearwateremploymentlawyer.net/compensation/know-more-about-your-rights.html">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>Each and every employee should know abut their rights what he is she is entitled to. Every individual worker is subject to a vast range of labor laws in the United States. Here I am going to mention some basics of US Labor laws to endure that you are fairly treated as a worker. However it may vary from state to state.</p>
<p>There are certain things as per the federal laws that affect every worker. Like as per the medical leave and family leave every employee should get 12 weeks of from their work schedule. It is give to take care of your health if you fall in seek or as a part of paternity or maternity leave. If due to family reasons employees take any leave then the employer do not have any rights to terminate him or her.</p>
<p><strong>Unemployment compensation</strong></p>
<p>Other common types of employment law that involves Unemployment compensation and the benefits will vary from state to state. In every state employers need to provide some type of unemployment benefits or compensation in the event of termination of an employee. There are some criteria and you have to eligible to the compensation. Like you need the job to survive but some how you have been terminated from the organization for a certain period of time, in this circumstances the employee deserve to get the unemployment compensation or benefits. And the amount will depend on the amount you earned during the time you worked with the company.</p>
<p>If you are looking for a job it is very important to know the equal employment opportunity laws. It makes illegal for am employer manipulating candidates profile on basis of religion, sex, race, age, pregnancy, disability or national origin. These laws have been established equal pay guideline.</p>
<p>So as an employee in the United   States you should be familiar with the employment law to your rights.<br />
<br /></br><br />
<strong>Useful Resources:</strong></p>
<p>If you do have any problem related to your job in Georgia, then you should contact with an efficient <a href="http://www.robbinslawllc.com/practice_employmentlaw.php">Georgia Employment Attorney</a> to get you rights.</p>
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		<title>How much compensation you deserve? Know your rights as a worker.</title>
		<link>http://www.clearwateremploymentlawyer.net/compensation/know-your-rights.html</link>
		<comments>http://www.clearwateremploymentlawyer.net/compensation/know-your-rights.html#comments</comments>
		<pubDate>Tue, 13 Apr 2010 07:21:10 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Compensation]]></category>

		<guid isPermaLink="false">http://www.clearwateremploymentlawyer.net/uncategorized/how-much-compensation-you-deserve-know-your-rights-as-a-worker.html</guid>
		<description><![CDATA[The state’s workers compensation laws consider you to get the right amount of compensation, if you or someone whom you know has been injured at the workplace. Do get confused between personal injury claim and compensation benefits, both are not &#8230; <a href="http://www.clearwateremploymentlawyer.net/compensation/know-your-rights.html">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>The state’s workers compensation laws consider you to get the right amount of compensation, if you or someone whom you know has been injured at the workplace. Do get confused between personal injury claim and compensation benefits, both are not same and the compensation benefits may not vary from state to state. Each and every state worker compensations are specific. And it is better to contact with a reputed law firm at your state like if you are the citizen of Miami, get in touch with a <a href="http://www.davidpollacklaw.com/">Miami Employment Law Firm</a>.</p>
<p><strong>Injury at work:</strong></p>
<p>First, determine if you have an injury at work. A work injury is described as an injury arising out of the scope of employment. In other words, you were doing a job right would come up just because you&#8217;re in or on the work of your employer, and you are injured as a result. Note that many people have bad knees, pre-existing conditions, or even a weak heart. However, most of the states employment law is that you still have a compensation claim when your work duty aggravated your pre-start state of causing further damage and, in essence, another new injury.</p>
<p>If you think that you are injured at your workplace then you should give a notice to your employer as fast as possible as it will indicate where, how, when, and the nature of the injury. Generally a verbal notice to your company nurse or supervisor is fine enough, but as a lawyer I will suggest you to give a written notice. That will help you to get the right amount of compensation. And every state is having its own time period to give a notice and if you are failed to give notice within the time period then the state could bar your claim. Usually the time period is between 30 to 90 days</p>
<p><strong>Types of compensation benefits of worker’s </strong></p>
<p><strong>There are 3 types’ workers compensation benefits</strong></p>
<p>1<sup>st</sup> of all you will get all your medicine cost and also the travel expenses if you have to travel for a long to go to the hospital to contact with the medical team. 2ndly you employer has to pay the weekly benefit (if you are unable to come back to the work) and the weekly payment may vary from state to state. And at the end when you get released from the hospital or nursing home you will have a permanent impairment attributed to your work injury.</p>
<p><strong>Additional information:</strong></p>
<p>if your office is in Miami and you have been injured at your office where you think that your employer is responsible the injury then you should contact with the <a href="http://www.conradscherer.com/practice/labor_employment_law.asp">Miami labor attorney</a> to get the right solution.</p>
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