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Recent Workers Compensation questions

I was issued a citation in regards to workers compensation.

I was issued a citation in regards ***** ***** compensation. I wasn't aware of the need to have one and now I can't afford to provide one and the State told me that my case is about to go to the DA. What is the best thing I should do?

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Dwayne B.

Juris Doctor

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Of Management in the Pamplin College of Business at Tech. I

Hi, my name is***** and I am Pamplin Professor of Management in the Pamplin College ofBusiness at Virginia Tech. I am doing research on the Japanese and concept of “karoshi,” literally translated as “death from overwork” and its relevance to US workers' compensation law. We do not have a similar word in English that I know of (there are however similar words in Korean and Chinese), but the phrase “working oneself to death” captures the essence of the concept. I believe this is a far more common phenomenon in the US than is generally recognized or compensated and I am attempting to research that issue. One reason for this belief is that Americans now work on average more hours per year than do the Japanese according to OECD statistics.I was hoping that you might be able to shed some light on what the legal hurdles would be for a claimant to win a workers' compensation claim for an American style karoshi case. Many karoshi cases are related to fatal heart attacks away occurring away from work but after the worker has worked excessively hard and long hours. A number of cases such as the one described in the link below involve suicide by someone who has also worked excessively hard and long hours.http://www.japantimes.co.jp/news/2016/12/29/national/social-issues/dentsu-suicide-kick-starts-efforts-alter-nations-ingrained-karoshi-habits/#.WUfwpGgrKyII have been studying worker safety and health in the US and Japan for many years and I happened across this concept of karoshi early in my research. I wrote an article about it that appeared in an Encyclopedia Britannica publication listed below and it has been widely cited.Wokutch, Richard E. “Special Report: Work: Dying for It in Japan.” In Medical and Health Annual, Encyclopedia Britannica, 1994, pp. 373-375.Based on your experience with workers' compensation law and cases do you know if there have been any cases in which families have been awarded workers' compensation for karoshi-like cases in the US?Also, based on your knowledge and experience would family members of workers in incidents in the US with similar facts and evidence as the recent karoshi cases in Japan have a chance of for success in a workers' compensation proceeding here? If not, what provisions of the law would prevent them from being successful?I could send you a copy of my Encyclopedia Britannica article and an abstract of my current research if you send me an email addressThanks for your time.Sincerely, ***** *****Richard E. Wokutch, PhDPamplin Professor of ManagementDepartment of Management (0233)2017 Pamplin HallVirginia TechBlacksburg, VA 24061***@******.***ph:(###) ###-####cell:(###) ###-####JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I am in Virginia but I am interested in whether any such cases have been compensated anywhere in the US.JA: Is the employment agreement "at will," union, full time or part time?Customer: Let's say full time, unionized workJA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Law Educator, Esq.

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I just want to know my legal standings. my question is: In

I just want to know my legal standings. my question is: In the performance of my duties, I had an eye injury which required surgery. Detachment of the retina or partial. My doctor said that at my age that it could happen at anytime. Now if I were sitting at home and drinking a beer, that would have nothing to do with work; but, as I was at work and operating equipment what securities might I haveJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Is the employment agreement "at will," union, full time or part time?Customer: I am a full time employee for the Federal govermentJA: Anything else you want the lawyer to know before I connect you?Customer: No, I just want to protect myself

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LawTalk

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Juris Doctor

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Can the IRS take my Workmanship Comp settlement if there is

Can the IRS take my Workmanship Comp settlement if there is a Federal Tax Lien filedJA: Have you documented this or discussed it with HR?Customer: NoJA: Is the employment agreement "at will," union, full time or part time?Customer: Workmen's Comp. settlementJA: Anything else you want the lawyer to know before I connect you?Customer: No

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I was hurt on my job and I went to a doctor and he fill out

I was hurt on my job and I went to a doctor and he fill out an workers compensation, form to take back to me employer I did, but they we're upset with me. I was told that they didn't have any lit duty jobs, than they told me to go and see their doctor and he said that could do lit duty but there was known. so I was let go for no show and no call, and my doctor had took me out of workJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: NYJA: Is the employment agreement "at will," union, full time or part time?Customer: FULL TIMEJA: Anything else you want the lawyer to know before I connect you?Customer: NO

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Law Educator, Esq.

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I bought a salon 90 days ago coming from a booth rental

I bought a salon 90 days ago coming from a booth rental situation. I have 4 commission stylists who have no knowledge of the labor law 513. I had no knowledge either. Should I go straight booth rental? Am I obligated now to pay them for those 90 days?

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Law Educator, Esq.

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I am a sole proprietor accountant. I was carrying a desk

I am a sole proprietor accountant. I was carrying a desk down my office stairs and fell from top to bottom. Is my health insurance going to cover my costs or is that a workers comp issue? I don't have any workers comp as I'm only a sole proprietor with no employees.

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Patrick, Esq.

Doctoral Degree

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When we are not busy with work, we are asked to go home and

When we are not busy with work, we are asked to go home and get off the clock. Our new Attendance policy is as follows. My question is, does this statement include being sent home early? Or does this required that we stay on the clock for 75% of the shift, which is how I read this statement. No where else in the document does it address this. The definition in the policy of "occurrence" is "either one unscheduled absence occasion or three unscheduled tardy of missed punch occasions."" Absence Occasion – An absence of one or more consecutive scheduled shifts (for the same reason) that was not requested or approved in advance is an absence occasion. Managers may “bridge” or count as one occasion, unscheduled absences where an employee returns to work but is forced to be absent within a week for the same illness.a. Any unscheduled early leave or late arrival that results in completing less than 75% of a scheduled shift, unless specifically covered under FMLA, Workers Compensation, Jury Duty, or Bereavement leave, is considered an unscheduled absence and therefore an occurrence."

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John

Attorney

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I have a worker compensation question anybody can help me

I have a worker compensation question anybody can help me with itJA: What state are you in? It matters because laws vary by location.Customer: New York city BrooklynJA: Has anything been filed or reported?Customer: no I am trying to start a business grocery business and we are four people partners and familyJA: Anything else you want the lawyer to know before I connect you?Customer: well I want him/her to know that, I do not want to pay worker comp while we are working and we do not have workers, also I want to form a company and one of the shareholder can obtain the licenses and the rest can get a stock certificates for their shares is that enough to exempt us from the worker comp in New York State thank you

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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