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Workman’s Comp is a No-Fault Insurance

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Workman’s comp is designed to provide an employee with a safety net in case an accident or illness that can be traced back to work-related activities results in loss of income. The employer is obliged by federal law to pay for this insurance in anticipation of untoward events so that the injured or disabled worker will continue to receive at least part of the wages that a worker would normally receive. Some occupations are more prone to injuries than others but all employers must provide coverage. Some employers may choose to self-insure if they fulfill the requirements. Self-insuring is when employers take it upon themselves to cover reasonable costs and benefits to an injured or disabled employee personally.

The good news is when there are no workman’s comp claims, no money will go out, and the employer saves on premiums. The bad news is when a big claim is made on the company resources, then the employer may easily pay out more money than would have been necessary to cover the entire staff. The wisdom of self-insuring will depend largely on how likely an accident or illness will be work-related. This is because workman’s comp is a no-fault insurance, meaning it does not matter if the employee, or anyone else for that matter, is in any way to blame for the accident or illness. Workman’s comp kicks in as soon as there is evidence that the injury or illness is work related. Injured employees can use this insurance to cover the costs of their recovery and help them sustain themselves during the period where they are not able to work.

Those receiving workers’ compensation, however, are barred from filing a civil case against the employer even if the injury is due to negligence or recklessness of the employer or his or her managers. This is the main reason that workman’s comp is a good deal for both parties involved, and why there are so many laws surrounding access to it. If you are having difficulty proving that your injury or illness is work-related, you could be done out of your workman’s comp benefits if you are not careful. Contact an experienced and knowledgeable worker’s compensation lawyer to help straighten it out for you. A lawyer can help you file your claim or can appeal a claim that was denied unfairly. There are many reasons claims are denied, some of them as minor as filling in a form incorrectly. Attorneys can help people pinpoint the reason their claims were denied and help the process go more smoothly the next time.

Filing for Disability in Florida for Veterans

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Florida is considered one of the most veteran-friendly states in the US. It is next only to Texas and California in terms of veteran population size, playing host to 1.5 million of which 75% are wartime veterans and 160,000 are women. It would not require a stretch of the imagination to discover that providing disability claims assistance is one of the services provided by the Florida Department of Veterans’ Affairs.

While there is no actual state-sponsored disability benefit for veterans in Florida, the state’s Division of Disability Determinations does make it easier for veterans to apply for Social Security Disability (SSD). The state also provides claims assistance for Disability Compensation under the federal government’s Department of Veterans Affairs.

Florida is ordinarily a tough nut to crack when it comes to the DDD screening process for disability claims. Slight less than 27% of all claims passing through Florida is approved under the single decision maker (SDM) model for claims processing which is also used in North Carolina. However, veterans get a break if their disability was the result or aggravated by active physical duty.

Veterans may even be eligible for a special exemption to the VA waiver (reduction of disability payments if the veteran is receiving retirement pay) under specific circumstances. The Combat-Related Special Compensation (CRSC) enables a veteran to receive full military pension as well as full disability benefits provided the veteran is:

  • Receiving retirement pay
  • Retirement pay is reduced by
  • VA disability payments
  • Disabled at least 10%
  • Disabled as a direct result of a combat-related event

If CRSC is not applicable, it is entirely possible for a military veteran to receive both disability compensation from the federal government both as a civilian and a veteran. But because there are so many variables when it comes to disability of a veteran, it is advisable to get professional help from an experienced disability claim lawyer in Florida. The free claims assistance service is well and good, but the counselors will not have the time or resources to provide you with all the facts that you need to know about filing for disability in Florida.

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