RON M. CANTER ATTORNEY
Workers Comp
Claim Settlement - Compensation laws are designed
to ensure that employees who are injured or
disabled on the job are provided with fixed
monetary awards, eliminating the need for
litigation. These laws also provide benefits for
dependents of those workers who are killed
because of work-related injury or illness. Some
laws also protect employers and fellow workers by
limiting the amount an injured employee can
recover from an employer and by eliminating the
liability of co-workers in most work accidents.
State Workers Comp statutes establish this
framework for most employment. Federal statutes
are limited to federal employees or those workers
employed in some significant aspect of interstate
commerce.
There are four stages to the
workers' comp cost containment process including:
assessment & recommendations, design &
development, implementation and rollout.
Each
commissioner shall, during his first year of
service as a commissioner, receive an annual
salary of six thousand dollars less than the
highest step level of a Superior Court judge;
during his second year of service as a
commissioner, each commissioner shall receive an
annual salary of five thousand dollars less than
the highest step level of a Superior Court judge;
during his third year of service as a
commissioner, he shall receive an annual salary
of four thousand dollars less than the highest
step level of a Superior Court judge; during his
fourth year of service as a commissioner, he
shall receive an annual salary of three thousand
dollars less than the highest step level of a
Superior Court judge; during his fifth year of
service as a commissioner, he shall receive an
annual salary of two thousand dollars less than
the highest step level of a Superior Court judge;
and during his sixth year of service as a
commissioner, he shall receive an annual salary
of one thousand dollars less than the highest
step level of a Superior Court judge, together
with his necessary clerical, office and travel
expenses as approved by the Comptroller; and the
chairman of the Workers’ Compensation Commission
shall receive in addition ten thousand dollars
annually. Each commissioner shall devote his
entire time to the duties of his office and shall
not be otherwise gainfully employed.
Handrails - The 1992
CABO code requires one and two family homes to
have handrails for stairways having three or more
risers. Handrails are to be located not less than
30 inches nor more than 38 inches above the
leading edge of the tread. The 1994 Standard
Building Code requires stairways at other
residential facilities having four or more risers
above a floor or finished ground level to have
handrails not less than 30 inches nor more than
38 inches above the leading edge of the tread.
RON M.
CANTER LAWYER ATTORNEY RON M.
CANTER RON M. CANTER
It is illegal in most states for an
employer to terminate an employee for reporting a
workplace injury or for filing a workers'
compensation claim. Most states also prohibit
refusing employment for having previously filed a
workers' compensation claim. However, employers
can consult commercial databases of claims data
and it would seem nearly impossible to prove that
an employer discriminated against a job applicant
because of his or her claims history. To abate
discrimination of this type, some states have
created a "subsequent injury trust fund" which
will reimburse insurers for benefits paid to
workers who suffer aggravation or recurrence of a
compensable injury. It is also suggested that
laws should be made to prohibit inclusion of
claims history in databases or to make it
anonymous
RON M. CANTER
ATTORNEY RONALD M. CANTER:
Workers' compensation (colloquially known as
workers' comp in North American English or compo
in Australia) provides insurance to cover medical
care and compensation for employees who are
injured in the course of employment, in exchange
for mandatory relinquishment of the employee's
right to sue his or her employer for the tort of
negligence. The tradeoff between assured, limited
coverage and lack of recourse outside the workers
compensation system is known as "the compensation
bargain". While plans differ between
jurisdictions, provision can be made for weekly
payments in place of wages (functioning in this
case as a form of disability insurance),
compensation for economic loss (past and future),
reimbursement or payment of medical and like
expenses (functioning in this case as a form of
health insurance), and benefits payable to the
dependents of workers killed during employment
(functioning in this case as a form of life
insurance). General damages for pain and
suffering, and punitive damages for employer
negligence, are generally not available in worker
compensation plans.
LAWYER RON M.
CANTER Each nomination made by the
Governor to the General Assembly for a
compensation commissioner shall be referred,
without debate, to the committee on the
judiciary, which shall report thereon within
thirty legislative days from the time of
reference, but no later than seven legislative
days before the adjourning of the General
Assembly. Each appointment by the General
Assembly of a compensation commissioner shall be
by concurrent resolution. The action on the
passage of each such resolution in the House and
in the Senate shall be by vote taken on the
electrical roll-call device. No resolution shall
contain the name of more than one nominee. The
Governor shall, within five days after he has
notice that any nomination for a compensation
commissioner made by him has failed to be
approved by the affirmative concurrent action of
both houses of the General Assembly, make another
nomination to such office.
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