Can I Still Get Workers' Comp if My Company Goes Out of Business?

Whether you work for a startup that ran out of venture capital or a bank that didn't get a bailout, your employer may be going out of business. But what happens if you have an open workers' compensation insurance claim or you're getting workers' comp when they shut the doors for good?

We know employers must carry worker's comp insurance, but if they're no longer in business, what happens to my benefits?

One Big Pot

Lucky for you, your workers' comp benefits aren't coming out of the same business account as petty cash. Each state runs its own workers' compensation system, and all employers must prove they are carrying private workers' comp insurance coverage. The workers' comp benefits you receive are paid by the private insurers, regardless of whether the company is afloat or not. Your employer should have been paying into their workers' comp insurance policy on a weekly or monthly basis, but they weren't necessarily paying your specific benefit amount each week. So even if they stop paying, your benefit doesn't stop.

So while your employer is required to have workers' comp insurance, they are not responsible for paying out benefits; meaning that if they go bankrupt, this should not affect your workers' comp claim or your benefit payments.

A Few Minor Details

Even though you should still receive your workers' comp benefits if your employer goes out of business, there may be some issues that arise. First, if you just started a claim and it is still being investigated, your claim may be delayed if the insurance company is having trouble getting information from your former employer.

Second, some benefits may depend on your ability to return to work. Without your former employer or your former job being around, this may be more difficult to determine, especially if your job was specific to your employer. This could lead to conflicts regarding your benefit payments.

If you've been injured at work, you should file a workers' compensation claim. If you've been denied benefits, or if you're worried your benefits may end, and an experienced workers' comp attorney could help.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• How to Find the Right Worker's Comp Lawyer for You (FindLaw's Injured)
• Workers' Comp or Lawsuit? 3 Considerations (FindLaw's Injured)
• Workers' Compensation (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/08/can-i-still-get-workers-comp-if-my-company-goes-out-of-business.html

3 Daycare Safety Tips for Parents

via Tumblr hobbsr04.tumblr.com/post/126036718627 Finding the right daycare for our kids can be a nerve-wracking (and possibly expensive) experience. Above all else, we want our children to be safe. But after hearing horror stories of daycare fires and even daycare fight clubs, how can you know whether a daycare is safe? Here are a few safety concerns to keep in mind: 1. See the Facility. This seems like a no-brainer, but you’d be surprised by how many parents haven’t seen the inside of the daycare facilities their children spend so much time in. Getting a sense of the space and the activities your child will be engaged in can give you a better idea of the injury risks he or she may face. If you can visit on a busy day when other children are there, all the better. By actually going to and touring the daycare yourself, you can confirm the facility has functioning toilets and electricity, and that it is free of mouse droppings, improperly stored knives, and loose marijuana that could sicken your child. 2. See Their Credentials. There are national daycare accreditation programs (the National Association for the Education of Young Children and National Association for Family Child Care are two) and some states have their own quality control programs or licensing requirements for daycare operations. You should ensure the daycare facility is properly licensed and accredited by local, state, and national authorities. 3. See the Signs. You know your child better than anyone, so be mindful of their appearance and demeanor before and after daycare. Not all injuries, neglect, or abuse take the form of physical cuts or bruises, so know the signs of child abuse and know how to talk to your children about their experiences. And don’t be afraid to switch daycare facilities if you have a bad feeling – often parental intuition is powerfully accurate. If your child has been injured at daycare, you may want to consult with an experienced injury attorney in your area. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Child Injured at Day Care: Should You Call a Lawyer? (FindLaw’s Injured) Houston Day Care Owner on ‘Most Wanted’ (FindLaw Blotter) Dad Hides Pot in Baby’s Diaper, Gets Busted by Daycare (FindLaw’s Legally Weird) from Injured blogs.findlaw.com/injured/2015/08/3-daycare-safety-tips-f... via Blogger hobbsr04.blogspot.com/2015/08/3-daycare-safety-tips-for-p...

via Flickr http://www.flickr.com/photos/87814799@N02/20164795708

3 Daycare Safety Tips for Parents

Finding the right daycare for our kids can be a nerve-wracking (and possibly expensive) experience. Above all else, we want our children to be safe.

But after hearing horror stories of daycare fires and even daycare fight clubs, how can you know whether a daycare is safe? Here are a few safety concerns to keep in mind:

1. See the Facility.

This seems like a no-brainer, but you'd be surprised by how many parents haven't seen the inside of the daycare facilities their children spend so much time in. Getting a sense of the space and the activities your child will be engaged in can give you a better idea of the injury risks he or she may face.

If you can visit on a busy day when other children are there, all the better. By actually going to and touring the daycare yourself, you can confirm the facility has functioning toilets and electricity, and that it is free of mouse droppings, improperly stored knives, and loose marijuana that could sicken your child.

2. See Their Credentials.

There are national daycare accreditation programs (the National Association for the Education of Young Children and National Association for Family Child Care are two) and some states have their own quality control programs or licensing requirements for daycare operations.

You should ensure the daycare facility is properly licensed and accredited by local, state, and national authorities.

3. See the Signs.

You know your child better than anyone, so be mindful of their appearance and demeanor before and after daycare. Not all injuries, neglect, or abuse take the form of physical cuts or bruises, so know the signs of child abuse and know how to talk to your children about their experiences.

And don't be afraid to switch daycare facilities if you have a bad feeling -- often parental intuition is powerfully accurate.

If your child has been injured at daycare, you may want to consult with an experienced injury attorney in your area.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Child Injured at Day Care: Should You Call a Lawyer? (FindLaw's Injured)
• Houston Day Care Owner on 'Most Wanted' (FindLaw Blotter)
• Dad Hides Pot in Baby's Diaper, Gets Busted by Daycare (FindLaw's Legally Weird)

from Injured http://blogs.findlaw.com/injured/2015/08/3-daycare-safety-tips-for-parents.html

Liability of 911 Operators

via Tumblr hobbsr04.tumblr.com/post/125949437577 In a tragic story, an Albuquerque teen was shot at a party and his friend called 911. The girl who called became exasperated by the dispatcher’s repetitive questions. The dispatcher responded to the girl’s exasperation by saying, “Ok, you know what, ma’am? You can deal with [this] yourself. I’m not going to deal with this, ok.” The dispatcher then hung up on her, and her friend was pronounced dead at a hospital. This leads to the question: Can 911 operators be held liable for either not responding to complaints or providing inadequate help? 911 Nightmare In this case, the dispatcher, firefighter Matthew Sanchez, had already sent fire department units in response to the call and it is unclear whether hanging up on Esperanza Quintero had any impact on whether her friend, Jaydon Chavez-Silver, would’ve lived or died. A partial transcript of the 911 callreads: Caller: (inaudible) I’m keeping him alive.Sanchez: Is he not breathing?Caller: Barely. (inaudible) Stay with me. Stay with me, ok. Good job Jaydon.Sanchez: Is he breathing?Caller: He’s barely breathing. How many times do I have to f—-ing tell you?Sanchez: Ok, do you know what, ma’am? You can deal with [this] yourself. I’m not going to deal with this, ok.Caller: No, he’s going to die. That’s when Sanchez terminated the call. He has since been reassigned from the dispatch center pending an investigation. Dispatcher Liability Aside from his administrative punishment, Sanchez probably won’t face any civil liability. Generally, police have no duty to protect people from crime, and some state courts have rules that 911 dispatchers are immune to lawsuits. Even first responders have some immunity for rescues gone wrong. So it is unlikely that Chavez-Silver’s family could file a wrongful death claim against Sanchez or the fire department. Whether Sanchez’s actions on the phone rise to the level of extreme and outrageous conduct, thus allowing Quintero to sue for intentional infliction of emotional distress, however, remains to be seen. If you or a loved one have been injured in an accident, you may want to consult with an experienced personal injury attorney in your area. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) ‘Deal with it yourself,’ 911 dispatcher tells panicked caller with dying friend (Washington Post) How to Sue the Police (FindLaw’s Injured) PA Family Sues Over Death After 10 911 Calls (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/08/liability-of-911-operat... via Blogger hobbsr04.blogspot.com/2015/08/liability-of-911-operators....

via Flickr http://www.flickr.com/photos/87814799@N02/20136049320

Liability of 911 Operators

In a tragic story, an Albuquerque teen was shot at a party and his friend called 911. The girl who called became exasperated by the dispatcher’s repetitive questions. The dispatcher responded to the girl’s exasperation by saying, “Ok, you know what, ma’am? You can deal with [this] yourself. I’m not going to deal with this, ok.” The dispatcher then hung up on her, and her friend was pronounced dead at a hospital.

This leads to the question: Can 911 operators be held liable for either not responding to complaints or providing inadequate help?

911 Nightmare

In this case, the dispatcher, firefighter Matthew Sanchez, had already sent fire department units in response to the call and it is unclear whether hanging up on Esperanza Quintero had any impact on whether her friend, Jaydon Chavez-Silver, would’ve lived or died.

A partial transcript of the 911 callreads:

Caller: (inaudible) I’m keeping him alive.
Sanchez: Is he not breathing?
Caller: Barely. (inaudible) Stay with me. Stay with me, ok. Good job Jaydon.
Sanchez: Is he breathing?
Caller: He’s barely breathing. How many times do I have to f—-ing tell you?
Sanchez: Ok, do you know what, ma’am? You can deal with [this] yourself. I’m not going to deal with this, ok.
Caller: No, he’s going to die.

That’s when Sanchez terminated the call. He has since been reassigned from the dispatch center pending an investigation.

Dispatcher Liability

Aside from his administrative punishment, Sanchez probably won’t face any civil liability. Generally, police have no duty to protect people from crime, and some state courts have rules that 911 dispatchers are immune to lawsuits. Even first responders have some immunity for rescues gone wrong. So it is unlikely that Chavez-Silver’s family could file a wrongful death claim against Sanchez or the fire department.

Whether Sanchez’s actions on the phone rise to the level of extreme and outrageous conduct, thus allowing Quintero to sue for intentional infliction of emotional distress, however, remains to be seen.

If you or a loved one have been injured in an accident, you may want to consult with an experienced personal injury attorney in your area.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• ‘Deal with it yourself,’ 911 dispatcher tells panicked caller with dying friend (Washington Post)
• How to Sue the Police (FindLaw’s Injured)
• PA Family Sues Over Death After 10 911 Calls (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/08/liability-of-911-operators.html

Can Undocumented Immigrants Get Health Care?

via Tumblr hobbsr04.tumblr.com/post/125862810842 Navigating the health care system can be a struggle for anyone. Simply getting access to health care may be impossible for some undocumented immigrants. Can undocumented immigrants get Obamacare coverage? Can they be covered by an employer or under a family member’s plan? The answers to these questions may depend on where you live, so let’s take a look at some aspects of health care access for undocumented immigrants. No Federal Coverage As of today, undocumented immigrants are not eligible for Obamacare under the Affordable Care Act. Although the ACA broadened access to Medicaid and private health insurance plans, it did not extend coverage to undocumented immigrants. In addition to a lack of access to the federal health care marketplace, many undocumented immigrants fear that applying for any health coverage could tip off immigration officials to their status, leading to deportation. But the LA Times reports that “any information submitted by immigrants — both documented and undocumented — for Medicaid or private insurance will not be used to enforce immigration law against those applying or their family members.” Possible State Coverage While Obamacare may not be an option for undocumented immigrants, some states are trying to fill the heath care gap on their own. In June, the California Senate approved a law that would give undocumented immigrants access to the state’s health care exchange. It would be the first state to allow coverage for unauthorized immigrants, but it still faces a few hurdles before it goes into effect. Until then, there are a few health care options for undocumented immigrants: Private Health Insurance — Plans may be expensive, but some health insurance carriers allow undocumented immigrants to purchase coverage. Employer Health Plans — If your employer offers a health insurance plan, you could be eligible regardless of immigration status. State Resources — Some states offer low-cost healthcare for poor residents (like Medi-Cal in California), and such plans may cover undocumented immigrants. If you have questions regarding insurance coverage, you may want to talk to an experienced immigration or health care attorney near you. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Undocumented immigrants won’t get Obamacare - but Latino coverage could rise (Politico) Can Undocumented Immigrants Get Workers’ Comp? (FindLaw’s Injured) Health Care Law (FindLaw) from Injured blogs.findlaw.com/injured/2015/08/can-undocumented-immigr... via Blogger hobbsr04.blogspot.com/2015/08/can-undocumented-immigrants...

via Flickr http://www.flickr.com/photos/87814799@N02/20106470610

Can Undocumented Immigrants Get Health Care?

Navigating the health care system can be a struggle for anyone. Simply getting access to health care may be impossible for some undocumented immigrants. Can undocumented immigrants get Obamacare coverage? Can they be covered by an employer or under a family member’s plan?

The answers to these questions may depend on where you live, so let’s take a look at some aspects of health care access for undocumented immigrants.

No Federal Coverage

As of today, undocumented immigrants are not eligible for Obamacare under the Affordable Care Act. Although the ACA broadened access to Medicaid and private health insurance plans, it did not extend coverage to undocumented immigrants.

In addition to a lack of access to the federal health care marketplace, many undocumented immigrants fear that applying for any health coverage could tip off immigration officials to their status, leading to deportation. But the LA Times reports that “any information submitted by immigrants — both documented and undocumented — for Medicaid or private insurance will not be used to enforce immigration law against those applying or their family members.”

Possible State Coverage

While Obamacare may not be an option for undocumented immigrants, some states are trying to fill the heath care gap on their own. In June, the California Senate approved a law that would give undocumented immigrants access to the state’s health care exchange. It would be the first state to allow coverage for unauthorized immigrants, but it still faces a few hurdles before it goes into effect.

Until then, there are a few health care options for undocumented immigrants:

• Private Health Insurance — Plans may be expensive, but some health insurance carriers allow undocumented immigrants to purchase coverage.
• Employer Health Plans — If your employer offers a health insurance plan, you could be eligible regardless of immigration status.
• State Resources — Some states offer low-cost healthcare for poor residents (like Medi-Cal in California), and such plans may cover undocumented immigrants.

If you have questions regarding insurance coverage, you may want to talk to an experienced immigration or health care attorney near you.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Undocumented immigrants won’t get Obamacare - but Latino coverage could rise (Politico)
• Can Undocumented Immigrants Get Workers’ Comp? (FindLaw’s Injured)
• Health Care Law (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/08/can-undocumented-immigrants-get-health-care.html