Harpold Thomas, PC Kent Workers' Compensation Lawyer | Seattle Injury Attorney2023-08-29T02:51:31Zhttps://www.harpoldlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302203/2019/10/cropped-favicon-32x32.pngOn Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469382021-07-12T11:26:40Z2020-08-18T18:39:52ZEmployers do not have to provide workers' compensation coverage for all workers. Certain workers are exempt from coverage, but the state has strict guidelines for what constitutes an exempt worker.According to the Washington State Department of Labor & industries, if you receive a 1099 instead of a W-2 for tax reporting, this is not enough to meet exemption requirements. Your employer must make sure you meet the other requirements by running you through some tests.
Personal labor test
Your employer will not have to cover you with workers' compensation if it does not control what you do and you either have your own employees under your control or you provide special equipment and the expertise to operate it. If you pass this test, then your employer does not need to do anything further to show it is not liable for your insurance.
6-part or 7-part test
If you did not pass the personal labor test, then your employer must run you through the 6-part or 7-part test. You must meet all conditions of the test, which is seven if you work in construction and six for all other occupations.Like the personal labor test, one of the conditions you must meet is that your employer does not control your work. The service you offer cannot be part of the usual business, performed outside of the business or you must pay all the costs for the business from which you perform the service.You also must maintain your own accounting to manage income and expenses. Another condition is you have an account with the Department of Revenue or another state agency.You are in an independent trade, profession or occupation or you have your own place of business that you deduct on your taxes. In addition, you file a schedule of expenses with the IRS.The seventh condition, applying only to construction, is that you have an electrical contractor license or registration as a contractor.]]>On Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469352021-07-12T11:26:45Z2020-08-10T17:46:57ZWithout a doubt, property damage and medical problems are two of the worst things that can come out of a car crash. The situation feels even more unfair for the driver who did not cause the accident. Drivers already dread contacting their own insurance companies to report car crashes. Imagine also needing to contact someone else’s.The good news is that the injured driver might receive help from his or her insurance company to file a claim against the other person’s insurance policy. In fact, Allstate claims that regardless of who is at fault, each driver should inform his other insurance company. Then, the injured party’s insurance company might work with the at-fault driver’s insurance company or even help individuals with the third-party claim process.
Getting help
Things could get interesting if both drivers have an insurance policy with the same insurance company. It might not feel as motivated to assist because it ends up paying either way. Even when this is not the case, some insurance companies might simply refuse to assist with the process.
Determining at fault
Washington is a tort law state, which means that someone — or even both parties — might become liable for the damages. The at-fault driver’s insurance policy would then need to cover damages. Note that in no-fault states, each person makes a claim on his or her own insurance policy and might only receive the right to sue for serious cases.
Filing a claim
Forbes shares that while filing a third-party claim is the common sense thing to do, it might prove difficult. The at-fault driver’s insurance company might try to delay the process and insist on an investigation to determine fault on its own.Even though Allstate claims that allowing the two insurance companies to hash it out is helpful, it often leads to them deciding to split the blame and the difference. That means, joint responsibility and the potential for the injured party’s insurance to climb despite no real fault. Not surprisingly, many third-party insurance claims end up in court.]]>On Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469322021-07-12T11:26:49Z2020-08-07T21:02:32ZIf you cannot return to your previous job due to your work-related injury or illness, the Washington workers' compensation system may provide you with vocational rehabilitation services, which may involve training in a new field. This should only happen if you are physically and mentally able to find and keep a job with a steady paycheck.Here are some questions a vocational rehabilitation provider asks in determining how to help you get back to work.
Are you able to work?
A provider assesses preexisting physical and mental conditions that may make it difficult for you to work, as well as any conditions caused by your work injury or illness. These will contribute to the determination of your employability.
Is there a job you can do?
The VRP gathers and analyzes your education and employment history to determine whether you have skills that transfer to another job. Transferable skills may be leadership abilities, specific knowledge of equipment, verbal and written communication skills or computer experience.Next, the VRP will analyze your labor market to identify a type of job you could reasonably obtain and keep. The analysis will be of the area where you used to work unless you have moved for health reasons or your new residence is in an area with more job opportunities.
What do you need to become employable?
Part of the rehabilitation plan is the training that you need to perform a job. It also involves accommodations. If you cannot complete the training or perform essential duties without some modifications, the VRP's job is to identify these and develop the modifications that will make it possible for you to succeed.]]>On Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469272021-07-12T11:26:53Z2020-07-30T22:14:33Zmost employers must carry this insurance if they have any workers. However, the L&I also states there are some types of workers for which an employer does not have to offer this coverage.
Exempted employees
Employers do not have to have workers' compensation insurance for individuals who are not regular employees or who work as a domestic worker. They do not have to cover unpaid volunteers or musicians not working for the primary business. Any freelance workers or independent contractors also do not qualify for coverage and therefore do not obligate the employer to carry coverage.
Elective coverage
Employers do have the right to choose to provide coverage for those individuals the law does not mandate that the employer cover. Elective coverage is completely optional and allows for the same benefits as an employee would get under mandatory coverage.
Out-of-state employers
Employers that are out-of-state but conducting work without the state must comply with the laws of Washington. The requirements cover employees even if they do not live in Washington.
The state does have reciprocal agreements with some other states, which does allow workers' compensation coverage from another state to be applicable for work in Washington. In some cases, an employer will have to maintain insurance through its home state and through L&I to have complete and legal coverage, but there may be discounts or reductions to what the business owes L&I depending on the amount of time spent in the state.]]>On Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469172021-07-12T11:26:57Z2020-07-20T21:05:08ZCarpal tunnel syndrome is a very painful condition that affects your hands and wrists and can – and usually does – spread into your arms, shoulders, neck and back. OrthoInfo explains that virtually all incidences of CTS begin and exacerbate at work. Why? Because this is where you must perform the repetitive hand and wrist motions that cause it.You face the greatest risk of developing CTS if you work as one of the following
Keyboard typist or data entry clerk
Construction worker or other person who wields tools
Hairdresser or cosmetologist
Dairy farmer
Baker
Assembly line worker
Sewers, knitters, cashiers and musicians likewise often develop CTS.
Wrist anatomy
Carpal tunnel syndrome gets its name from the carpal tunnel located in each of your wrists. These very narrow tunnels with virtually no give to them are the channels through which your finger and hand nerves pass to get to your arms. Performing repetitive motions with your fingers and hands cause your carpal tunnels’ synovial tissues to swell, resulting in your flexor tendons failing to receive the lubrication they need. The resulting pressure on your medial nerves causes the pain that CTS produces.
CTS treatment
Once it begins, no cure other than surgery exists for carpal tunnel syndrome. You may, however, be able to slow its progress by using such things as wrist splints, an ergonomic keyboard, etc. Ibuprofen or another NSAID likely will help relieve the CTS pain you feel in your hands, wrists, arms, neck or back.CTS takes several years to reach the full-blown state where your hands may actually become numb. At that point, unfortunately, surgery represents your only remaining option.]]>On Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469142021-07-12T11:27:02Z2020-07-02T04:32:05ZAfter a work injury, you may be unable to return, which will leave you needing some form of wage replacement. Workers' compensation does offer pay for lost wages, but this payment has strict requirements and rules that may mean you do not qualify for this type of benefit.According to the Washington State Department of Labor & Industries, you will not receive the same amount of benefits as you would in a normal paycheck, and you cannot receive these benefits until you pass the waiting period.
Time requirement
You must miss at least three days of work before you can claim lost wage benefits. You will not receive pay for those first three missed days unless you miss a total of 14 days from work. After the 14th day, you will get payment for the first three days of your benefits.
Amount of benefits
The state sets limits on how much workers' compensation can pay you for lost wages. You can only get an amount that is up to 75% of your normal wages. The number of dependents you have will also affect the amount your receive. Do note that there are no taxes withheld from your benefits because they are not taxable as disability benefits under IRS rules.
Receiving payment
Once you miss three days from work, you will begin receiving benefits in about 14 days. You will have to ensure the department receives doctor certification that you cannot work. You must also submit a Worker Verification Form. If you provide the proper documentation, you will receive checks two times a month.]]>On Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469112021-07-12T11:27:07Z2020-06-15T18:07:48ZAny task that involves heavy lifting may lead to significant injury. However, if you make your living as a health care worker, you face a higher risk of musculoskeletal injuries than most of the general workforce.According to the U.S. Department of Labor’s Occupational Safety and Health Administration, musculoskeletal injuries are so common in the health care profession that, in 2017, employees missed 18,090 days of work. Furthermore, the injury risks are so significant within the profession that 20% of nurses who leave their direct patient care positions do so as a result of them.What types of musculoskeletal injury risks do you face working in health care, and how might they impact your on-the-job performance?Common injuriesWhen you lift patients or perform other heavy lifting at work, you are most likely to injure your shoulders and lower back. Sprains and strains are the most common injuries caused by heavy lifting, and research shows that your chance of experiencing such an injury at work is rising. Patients have become more obese through the years, and as aging populations increase, so, too, does the need for health care workers to move them. The more heavy lifting you do, the higher your chances of an associated injury.Performance repercussionsSome injuries relating to lifting may lead to chronic pain or functional or permanent disability. If you continue to work after hurting your back or shoulders, you may become more susceptible to other injuries, or your fears may hinder performance. Your musculoskeletal injury may also lead to fatigue or attention problems, which may also impact your ability to do your job. Find more about workplace injuries on our webpage.]]>On Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469082021-07-12T11:27:11Z2020-06-08T22:31:07ZA mild traumatic brain injury is one that causes a change of consciousness or mental status for only a brief period of time. If you experience an mTBI at work, you may return to work following a brief period of recuperation, fully recovered to all appearances.However, if you experience repeated brain injuries, even if they are mild, you may be at risk for complications that could be either chronic or acute.Chronic complicationsResearch suggests that repeated TBI could put you at risk for a condition called chronic traumatic encephalopathy. The primary symptoms are the degeneration of neural function and cognitive impairment. As a result, you may develop memory loss and dementia. Some studies associate CTE with an earlier onset of Alzheimer's disease.Though most of the research on CTE has involved athletes, such as football players and boxers, it has implications for those in other professions, particularly the military. A definitive diagnosis of CTE can only take place on postmortem examination. The signs can be subtle, so much so that doctors do not always recognize them in a timely fashion.Acute complicationsSecond-impact syndrome can occur if you experience a second traumatic brain injury before the initial concussion has had a chance to heal. SIS seems to be rare, with only 17 rigorously confirmed cases in over a decade. However, it can cause death due to swelling of the brain or protrusion from its normal position within the skull within minutes of the second impact.If you were to experience second-impact syndrome, you may seem only dazed at first. You would not necessarily have to lose consciousness. Therefore, it may be difficult at first for you or the people around you to realize that you could have a serious complication of a traumatic brain injury. The time it takes to recover from an initial mTBI can vary. You may be vulnerable to SIS for up to several weeks following your initial injury.]]>On Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469052021-07-12T11:27:15Z2020-06-05T19:02:37ZIf you have sustained an injury on the job in Washington, you may be entitled to worker's compensation. Workers' compensation is a program that provides compensation for people who are unable to get to work due to a disability or injury incurred while at work.You may be wondering just what forms of compensation are available? There are the general kinds of compensation benefits, and then four programs that cover specific groups of workers that offer different benefits.Specific workers' compensation programsIf you work in the energy industry, the U.S. Department of Labor says you may be entitled to participate in the Energy Employees Occupational Illness Compensation Program. The Federal Black Lung program is for miners who have developed lung disease from working underground. The others are the Longshore and Harbor Workers' Compensation Program for seamen and the Federal Employees' Compensation Program for federal government workers.General workers' compensation benefitsIf you are not part of any of the above groups of workers, then your benefits will follow standard procedures. There are specific rules around reporting and certain qualifying details of the incident, but if you follow the process correctly, you can get access to a few forms of benefits.Vocational rehabilitation will work on getting you healed and ready to go back to work as quickly as possible. Medical treatment may be paid for by your employer for the injury involved in the claim. Wage replacement benefits are also available to help restore the lost income of people who are no longer able to do their jobs.]]>On Behalf of Harpold Thomas, PChttps://www.harpoldlaw.com/?p=469022021-07-12T11:27:19Z2020-05-18T23:48:13ZIf you are struggling with the consequences of a work-related injury and cannot work, you have to prepare for your future and finding work in another field is necessary in some instances. Whether you are unable to walk, cannot use your hands or are incapacitated in some other manner (including mental trauma), it is pivotal to look for a position that suits your abilities.Sometimes, people are sidelined temporarily. However, others lose the ability to work in a particular capacity for the rest of their lives. Planning ahead helps make life easier for seriously injured workers, not only financially but emotionally as well.Workers' compFortunately, workers' compensation provides a great deal of help to many people in this position. For example, injured workers who are eligible for these benefits are able to train for work in a different field. Often, starting over again seems very tough, but the training and other resources provided by workers' comp benefits help prepare people for career changes and other ways in which their lives are transformed in the wake of a workplace accident.Going over your optionsWhether you are interested in working with people, online, in an office or have any other preferences, it is imperative to carefully review your options while looking for a new job. The steps you take with respect to your workers' compensation application and your pursuit of a new career are critical in terms of your financial future and quality of life. In fact, many people are able to find positions that are even more rewarding after leaving another field due to a job-related accident. Browse our site to read more on workers' comp benefits.]]>