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Devoted to Helping
the Injured.
Devoted to Helping
the Injured.

December 2017 Archives

Workers' compensation benefits and social security taxation

In general, when an employee receives workers' compensation benefits, those benefits are not taxable at either the state or federal level. However, many workers do not realize that there are some specific exceptions to this practice that can cause serious problems if an employee does not realize the way that these benefits may impact other areas of one's financial life and tax burden.

Do you qualify for workers’ compensation coverage?

Workers' compensation claims are an important part of ensuring that workplace injury does not adversely affect either an employee or an employer. Unfortunately, not all individuals who work for someone else are actually covered by workers' compensation.

What if my employer disputes my injury claim?

Sometimes, after you suffer an injury, you may have difficulty determining if it is actually work-related. You may find that your employer objects to an injury claim even if you believe that the injury actually qualifies for coverage under workers' compensation. You may gain more in-depth understanding of your injury and the circumstances surrounding it by consulting with an experienced attorney who can help you fairly assess your injury through the eyes of the law.

You may have grounds to directly sue an employer who harms you

When you receive an injury at work, you should usually obtain medical care as soon as possible and then file a workers' compensation claim with your employer. Workers' compensation claims can provide excellent coverage, and, with some special attention, may even produce a fair settlement offer for your injury. However, not all workplace injuries necessarily lead to a workers' compensation claim.

What is the 'going and coming' rule?

Most of us understand that we may file a workers' compensation claim if we suffer an injury at work, but when exactly "work" begins is not always as clear. In general, the law does not include an employee's commute as part of one's work, so it is unlikely that you may file a workers' compensation claim if you suffer an injury during your daily commute. However, there are some exceptions to this general rule, known as the "coming and going" rule.

Does your workplace contain toxic materials?

When most people think about workplace injuries, they may imagine some large industrial machine malfunctioning, causing catastrophic injuries to several workers. However, one of the most commonly overlooked types of workplace injuries is toxic exposure. Depending on the nature of a worker's job and the duties he or she performs on a regular basis, the work environment itself may pose significant long-term risks.

California Applicants Attorneys Association Avvo Rating Super Lawyers

Making a false or fraudulent workers’ compensation claim is a felony subject to 5 years in prison or up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Disabled and need help? Benefits denied? WE CAN HELP.

Law Office of Rockwell, Kelly, Duarte & Urstoeger, LLP

1600 G Street
Modesto, CA 95354

Telephone: 209-521-2552
Fax: 209-526-7898
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