Chapter 4: Workers' Compensation and Unemployment Insurance

Occupational Safety and Health Administration (OSHA)

A government agency that sets safety standards. It Reinforces worker safety standards by making periodic inspections, acting on reported safety violations, and fining employers found to have major or repeated violations.

Employer Responsibilities

After a terminal employee files for unemployment, the employer must complete state paperwork to confirm: wages, dates of employment, reason for termination

Death benefit

Compensation for survivors if an on-the-job injury results in death

Social benefits of unemployment insurance

Decreases pressure on the unemployment worker while searching for employment. Enables the unemployed worker to find a good, comparable job Unemployment insurance payments also serve as an incentive for business to plan staffing with great care.

Notification of Workers' Compensation Rights

Employers must notify employees of their right to compensation for: work related injuries; diseases; death. Employers must also inform employees that: they cannot be fired for filing a claim; workers' compensation insurance premiums are not deducted from the workers' pay.

Filing an Unemployment Claim

File your claim- -As soon as you lose your job, provide your local state unemployment insurance agency with the following information: • Social Security number o Your primary identification number used by the government • Names and addresses of employers for the last 18 months, including the dates of employment • Proof of immigration status (if you are not a U.S. citizen) -Fraud • Description for the purpose of unlawful gain

Who is Eligible?

Individuals who quit their job voluntarily. Individuals who are fired for reasonable cause (a basis for firing to which no reasonable person would object). Individuals involved in a labor dispute. Seasonal employees in the "off" season

Workers' compensation

Insurance paid by the employer to provide employees with medical care, wage replacement, or death benefits if an employee is injured, disabled, or killed on the job. It is employer funded. It's coverage requirements vary by state.

Filing a Workers' Compensation Claim

Notify your employer; follow doctor's orders; file your claim; document everything.

Repetitive stress injuries

Painful and potentially disabling injuries caused by performing the same activity repeatedly for long periods of time

Unemployment insurance

Pays temporary benefits to eligible workers who have lost their jobs. Usually funded by employers.

Eligibility: Who's Not Covered

Self inflicted; alcohol or drug related; resulting from a fight that you started; harm occurring while disobeying orders or violating employer policy; crime- related; not occurring on the job

Adaptive Technology

Technology that enables a worker who has lost a limb to perform a job to expectaions

Contesting Eligibility

The number of former employees who collect unemployment directly affects the amount of state unemployment taxes the employer pays. Employer must treat all employees uniformly (Disciplinary actions must be documented).

No-fault Insurance

The parties involved in a claim agree not to assign liability. They try to resolve the problem in a way both find acceptable.

Making Unemployment Insurance Work

The two main objectives of the Federal-State Unemployment Compensation Program are to: provide economic relief, to workers and their families; promote economic stability

Making Workers' Compensation Work

There is a federal Office of Workers' Compensation Programs within the U.S. Department of Labor. Workers' compensation laws vary from state to state

Claimants

Unemployment individuals who meet the state's eligibility requirements.

Lockout

When an employer withholds work from employees by closing down during a labor dispute

What Workers' Compensation Covers

Workers' compensation usually covers: life-changing accidents and their consequences; medical expenses resulting from an injury at work; a percentage of lost wages; vocational training if you are unable to return to your old job; death benefits for survivors; lump-sum or long-term benefits

Dealing with Denial

Know your rights; you have the right to appeal

Your Benefits: How Much and for How Long?

o Generally, benefits begin within two to three weeks after claims are processed. o Payment is about half of your former pay. o 26 weeks is the usual maximum for receiving benefits. o Sometimes a federal extension is available. 13 to 20 weeks o Maintaining your eligibility Able to work Available for work Actively looking for full-time employment each week Registered with and available to the unemployment office You cannot refuse suitable job offers You must report earnings from other sources while drawing benefits Job training and placement Eligible individuals can be disqualified

Your Former Employer Verifies

o The state unemployment insurance agency will send notice to your former employer requesting verification of the information you provided in your claim. o You have the right to appeal decisions against your claim.