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The EEOC says An employer may ask questions about an applicant's prior workers' compensation claims or occupational injuries after it has made a conditional offer of employment, but before employment has begun, as long as it asks the same questions of all entering employees in the same job category.
As a general rule, workers' compensation insurance allows immediate benefits to be paid to the claimant. Through subrogation, some of those costs may be recouped. Simply defined, subrogation is the legal right to pursue legal action against a third party for reimbursement of insurance loss.
Dismissing or terminating an employee on workers compensation NSW may be a breach of law.The employee may be protected from termination under a specified state or territory workers compensation legislation if the reason for the employee's dismissal is primarily due to his or her absence on workers compensation.
Workers compensation claims in NSW should be made within six months of the accident or injury. However, there are exceptions where you can exceed this time limit. For example: A claim can be made up to three years after the accident in some situations (eg if you've been travelling or you make an honest mistake)
Because workers' compensation is a temporary measure by design, yes, the insurance company can stop payment. However, they must provide you 30 days notice before they do so, informing you that your benefits will stop and why.Your doctor determines you are able to return to work.
Many people wonder, can employers check your workers' comp history? An employer can run a background check to see if prior insurance claims have been paid, and when they do this, your workers' compensation claim may show up. You cannot erase this legal history from your background.
If you suffered a work-related injury/illness on or after Jan. 1, 1995 that permanently impacted you or your ability to work, you may be eligible for permanent disability compensation, including any wage loss from your permanent work restrictions.
The truth is that workers comp benefits don't last forever; in California, injured workers can only receive workers compensation benefits for 104 weeks within a period of five years for most injuries.
The limits commenced on 1 January 2013 and cap income support at 260 weeks (five years). Medical support will continue for an additional two to five years based on each individual's circumstances. In 2012 there were legislative changes to the NSW workers compensation legislation.