Worker’s Compensation
Overview
Workers’ compensation is a “no–fault” system of compensating injured workers – you don’t have to prove that your employer was negligent. Contrary to popular belief, workers’ compensation laws were not created to help injured workers; they were created to protect employers from lawsuits from injured workers.
Generally, if you have been injured on the job, your employer must pay 2/3 of your average wages and for your medical treatment, until you reach “maximum medical improvement,” plus a scheduled amount for any permanent injury, up to a maximum of 500 weeks of compensation if you are totally disabled. In return, the worker cannot sue the employer and is not entitled to compensation for pain and suffering or any other traditional tort damages.
Common Situations
Upon conviction, sentence may range as follows:
Jail – A first-offense DUI generally carries 48 hours to 30 days in jail. But if the driver had BAC of at least .10% but less than .16% , the minimum jail time is increased to seven days. And if the offender had a BAC of .16% or greater, the jail time is 30 to 90 days. Judges can allow an equal amount of community service in place of jail time.
Fines – A person who’s convicted of a first DUI must pay a fine of $400. Drivers with a BAC of at least .10% but less than .16% will pay a $500 fine, while drivers with a BAC of .16% or greater will pay a $1,000 fine.
Treatment – All persons convicted of a DUI must complete the Alcohol and Drug Safety Action Program (ADSAP). This requirement consists of the convicted person completing and alcohol and drug evaluation and then following recommendations of the evaluation.
Suspension of Driver’s License – Judges will suspend the first offender’s license for six months. Drivers enrolled in the ADSAP program can obtain a provisional license which permits them to drive during the suspension period.
BAC of .15% or more – Drivers with a BAC of .15% or more will also receive an additional one-month suspension at the time of arrest and are ineligible to receive a provisional license. They can get an ignition interlock restricted license after conviction that allows them to drive only with the use of and ignition interlock device, often referred to IID.
Drivers that refused chemical testing will also be eligible for the IID license but not the provisional license.
Even though workers’ compensation is a no–fault system, there are numerous legal traps for an inexperienced worker. The employer’s carrier may claim that the injury is not compensable (especially with injuries caused by repetitive trauma). Even though you cannot sue your employer, you may have a claim against a third party that caused your injury. An injury to one body part might affect other body parts, entitling the worker to higher compensation for loss of earnings, rather than the lower compensation provided by a “scheduled” injury.
The injury might render the worker permanently and totally disabled, but without an experienced workers’ compensation attorney, any social security benefits the worker may eventually receive will likely be offset by any workers’ compensation benefits. The representatives of the employer will not seek to maximize the benefits you receive, but our workers’ compensation attorneys will.
