Tuesday, April 21, 2015
In Q1 of 2015 our office has resolved and settled a great number of high value worker's compensation claims. We have also been blessed to take on several important new cases both directly and on referral from other Connecticut Attorneys who trust us for our 30 years of experience in Connecticut worker's compensation law. If you have been hurt at work or suffered a heart attack or stroke that may be related to your job, I would be happy to speak with you at no charge. If I can help you, I will do so with all my ability. If i cannot, I will tell you that as well. That is my promise to you
In settlements where the future medical is going to be closed as part of the settlement the following must be considered: CLASS I BENEFICIARY Claimant is considered a Class I Medicare beneficiary if: a) Claimant is 65 years or older; b) Claimant has been on SSDI for 24 months or longer; or c) Claimant has End Stage Renal Disease (ESRD) As such, regardless of settlement value and including “compromise” settlements, you must consider Medicare’s interests. Medicare will need to review all Class I beneficiary settlements valued at $25,000 or greater. Class I beneficiary settlements below $25,000 in value do not require submission to and approval from Medicare. You are still required to consider Medicare’s interests and include future Medicare related medical costs in an allocation within the settlement. CLASS II BENEFICIARY with Settlement values greater than $250,000 Medicare approval is needed when settlement value is $250,000 or higher AND where an individual has a “reasonable expectation” of Medicare enrollment within 30 months. Situations that constitute “reasonable expectation” include but are not limited to: a) Claimant is on SSDI but not yet Medicare eligible; b) Claimant has applied for Social Security Disability Benefits; c) Claimant has been denied Social Security Disability Benefits but anticipates appealing that decision or is in the process of appealing and/or re-filing; e) Claimant is 62 years and 6 months old (i.e., may be eligible for Medicare based upon his/her age within 30 months); f) Claimant has an End Stage Renal Disease (ESRD) condition but does not yet qualify for Medicare based upon ESRD. Note: The Social Security Administration may use the following indicators when approving a claimant for SSDI benefits: Claimant has been deemed permanently and totally disabled; or Provider states that claimant cannot return to any reasonable gainful employment for a period of 12 months or longer. CLASS II BENEFICIARY with Settlement value less than $250,000 Although Medicare approval is not needed for settlement value of under $250,000, when an individual does not have a “reasonable expectation” of Medicare enrollment within 30 months most insurers, self insurer, third party adjusters, and attorneys require a Medicare Allocation be completed for all cases greater than $25,000 to be certain Medicare’s interests are considered for future medical associated with a Liability or Workers Compensation settlement. An appropriate portion of the total settlement needs to be identified as the Medicare Allocation. Additional services such as Structured Settlement, Custodial Medical and Indemnity Accounting, and Special Needs Trusts should be considered for complete administration, and to assure the client that the case will remain closed and appropriately managed according to the terms of settlement. CLASS II BENEFICIARY with Settlement value less than $250,000 Although Medicare approval is not needed for settlement value of under $250,000, when an individual does not have a “reasonable expectation” of Medicare enrollment within 30 months most insurers, self insurer, third party adjusters, and attorneys require a Medicare Allocation be completed for all cases greater than $25,000 to be certain Medicare’s interests are considered for future medical associated with a Liability or Workers Compensation settlement. An appropriate portion of the total settlement needs to be identified as the Medicare Allocation. Additional services such as Structured Settlement, Custodial Medical and Indemnity Accounting, and Special Needs Trusts should be considered for complete administration, and to assure the client that the case will remain closed and appropriately managed according to the terms of settlement. Article provided by James J Moore, AIC, MBA, ChFC, ARM. All articles are original content. .
Monday, April 6, 2015
An injury at work can happen suddenly, such as lifting a heavy object, a blow to the head, a fall from a ladder, or a construction site accident. Usually there is little question that these types of injuries should be covered by workers’ compensation. However, workers’ comp insurance companies frequently deny valid work injuries and occupational disease claims by trying to blame an injury and/or disability on non-work related activities or a pre-existing health condition. The workers comp. attorneys at The Law Offices of James F. Aspell, P.C. and our Board Certified Specialist in Connecticut Workers’ Compensation Law know how to investigate your claim, negotiate with the workers’ comp insurance company, and present a strong case at a workers’ compensation hearing, if needed. We are committed to protecting your rights as a hard-working employee who was injured on the job. We can also provide valuable advice on how potential Social Security Disability benefits, Medicare benefits, and/or disability insurance benefits interact with your workers’ compensation case. Comprehensive Representation Throughout the Work Comp Claim Process The workers’ compensation claims process is complicated. Jim Aspell will provide personal services to our clients throughout the course of their claims. Our attorneys stand up for your rights by filing your claim (a Form 30C), guiding you through your medical treatment, working toward a possible lump sum settlement, fighting a denial of benefits or medical treatment if necessary, and presenting your case at workers’ comp hearings and appeals. Our goal is to make sure you receive all of your workers’ compensation benefits in as timely a manner as possible. Do not sign anything about your Worker’s Compensation claim unless you speak with an attorney.
Saturday, April 4, 2015
There are times you may be hurt on the job and you don't need a lawyer. Really. Sometimes your employer and their insurer will do the right thing and your claim will go quite smoothly. Othertimes, unfortunately it will not. My general rules of thumb as to whether or not you need a lawyer are: 1. Have you missed more than 3 consecutive days of work? If so, it is probably in your best interest to retain counsel to oversee your claim, get you a "voluntary agreement" and make sure your rights are protected. 2. Are you lookin at surgery? If yes, you need a lawyer. The insursance company is going to challenge your need for surgery, possibly force you to return to work sooner than you are able, or make you work harder following surgery than your doctor says you can. I repeat. If you are looking at surgery you need a lawyer. 3. Do you want to settle your case? If so, I promise you you will see more in your pocket if you hire an experienced and respected Connecticut worker's comp lawyer to negotiate a settlement. 4. If you dont live in Connecticut. If you are out of state and have a Connecticut claim, you need a lawyer. call me and I'll tell you why. For free. 5. You have more than one job. Concurrent employument is complicated. You need an experienced lawyer to get your wages from both jobs and make sure you get every penny you deserve. If you ever have any questions, call me. The call is free. If you need me and i can help you, I will tell you. If you dont need me, I promise you I will tell you that too.
Friday, March 27, 2015
Pursuant to Section 31-280b, Chairman John A. Mastropietro has appointed Commissioners Randy L. Cohen and Stephen M. Morelli to sit as panel members on appeals before the Compensation Review Board for the calendar year beginning January 1, 2015.
Wednesday, March 25, 2015
Is your lawyer a "known commodity?" When pursuing a work injury claim in Connecticut it goes a long way if your employer's worker's comp insurance company is familiar with the track record of you lawyer. I have been handling worker's comp claims in Connecticut since 1986. I am known to worker's compensation defense attorneys throughout the State as an aggressive advocate for my client and one that is willing to litigate a case if necessary. That results in a biggerConnecticut Worker's Compensation A.I.A.C. AIG Allstate Atlanta Casualty AMEX Insurance Amica Insurance Chubb CIGNA CNA Colonial Penn Covenant Crum & Forster Electric Insurance Esurance Fireman’s Fund Geico General Accident Great American Hanover The Hartford Home Insurance Infinity Insurance Integon Kemper Liberty Mutual Maryland Casualty Metropolitan Middlesex Mutual Nationwide Northland Ohio Casualty One Beacon Patriot General Peerless Preferred Mutual Progressive Prudential Reliance Royal Insurance Safeco Sentry St. Paul Fire & Marine State Farm TIG Insurance Transamerica The Travelers U.S.A.A. U.S.F. & G. Wausau Windsor Worcester Zurich America
Monday, March 16, 2015
March 9, 2015 - WorkCompWire Hopkinton, MA – Researchers with the Liberty Mutual Research Institute’s Center for Injury Epidemiology have concluded that individuals who work multiple jobs – approximately 14 million U.S. residents – have a greater likelihood of injury than those holding a single job. According to the findings published in the American Journal of Public Health, multiple jobs holders have a 27 percent higher rate of work-related injury and a 34 percent higher rate of non-work-related injury compared to single job holders. Principal researcher Dr. Helen Marucci-Wellman said the elevated injury rates suggest greater risk exposures for those who work multiple jobs. “Factors that may contribute to higher injury risk could include a disruptive work week structure, job inexperience, hurried behavior – physical and mental stressors related to alternating between different jobs, and fatigue,” said Dr. Marucci-Wellman. Researchers used 15 years of data from the National Health Interview Survey (NHIS), an in-household survey administered annually by the U.S. Census Bureau, to gather nationally representative data on a broad range of health topics. Representing more than a quarter of a million households, the NHIS is the only dataset that supports linking multiple job holding and injury. “To better understand the association between multiple job holding and injury risk, we need to look at a whole array of risk factors. We need to understand with greater specificity employment situations and the circumstances surrounding injuries. This way, we can determine where changes need to be made to enhance safety for those at increased risk,” added Dr. Marucci-Wellman. A subsequent Liberty Mutual Research Institute study (PDF) using data from the U.S. Census Bureau’s annual American Time Use Survey compared the work and lifestyle activities of single job holders and those holding multiple jobs during a one week period. Twenty-seven percent of multiple job holders worked 60 plus hours versus only six percent of single job holders. On average, multiple job holders worked 2.25 to 2.75 additional hours per day, worked odd hours, had longer commutes and had 45 minutes to an hour less sleep per day than single job holders. “In addition to significant differences in work schedule and time use patterns for workers with multiple jobs, they also had less time for household and leisure activities,” noted Dr. Marucci-Wellman. “These time use pattern findings suggest that working multiple jobs may result in heightened risk of fatigue, increasing the likelihood of injury. A better understanding of the factors that contribute to increased risks would help identify ways – such as changing daily routines or work scheduling practices – to reduce the injuries associated with holding multiple jobs.” Source: Liberty Mutual