Category Archives: Workers’ Comp Q & A

How Your Facebook Activity Can Hurt Your Workers’ Compensation Claim

Today we have a guest post from my colleague Brody Ockander of Nebraska.

If you are reading this, chances are you’re on Facebook. If you aren’t on Facebook, the chances are you are on MySpace or Twitter, or have a very close friend or family member who uses these websites.

Most of us don’t think twice about what we post on social media sites like these. However, depending on the privacy settings of your profile, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in. That “anyone” could be the defense lawyer or insurance adjuster if you are currently involved in a Workers’ Compensation action.

“What do I have to hide?” you ask. Well, these status updates, photos, or wall postings may often be misunderstood or taken out of context. For example, a status update stating “Just got done mowing the lawn” might not look very good to someone that is off work for a back injury, and it would be hard to explain that even though you mowed the lawn, it took you two pain pills to do so and caused you extreme suffering later that night that you couldn’t even sleep. That may be the price you paid for mowing that lawn, but there’s no record of your pain and suffering on Facebook, just evidence that you were somehow able to do it.

Here’s what you can do to avoid some pitfalls from Facebook and other social networking site:

  1. Adjust your privacy settings Continue reading

Do I Need To File A Tax Return On My Workers Compensation?

If you received workers’ compensation benefits in 2011, you may be wondering if you will need to report this money to the IRS and pay taxes on it. Under the Iowa Workers’ Compensation Act, money that you receive as workers’ compensation benefits is not taxable, with a few exceptions.

You will have to pay taxes on your work comp benefits if:

  • if the benefits are retirement plan benefits (this is true even if you retired due to disability)
  • if part of your workers’ compensation benefit money lowers the amount you receive from your Social Security or Railroad Retirement Benefits. In that case, that the part of your workers compensation benefits is considered part of your Social Security (or RRB) and may be taxable.

If you return to work, your salary will be taxable again, as is it was before you received workers’ compensation benefits.

The Truth About Insurance Medical Examinations

Insurance medical exams may seem like regular doctor visits, but these docs are not on your side.

Today’s wise words come from my colleague Matt Funk of New York.

Many times insurance medical examinations are considered by injured employees to be the same as Independent Medical Examinations (IMEs). There is nothing farther from the truth. These examinations are bought and paid for by the insurance company and for their benefit.

The insurance carrier doctor is no friend to an injured worker. He or she is a private consultant paid for by the carrier.

You should be prepared for these examinations by knowing your rights and how to protect them:

1) You have the right right to bring a family member or friend with you to the examination.
You can bring your spouse into the examination room during the examination. This is important because it allows for a witness to testify at court about the validity of the examination and to dispute tests that the doctor claims to have done.

2) You are permitted to audiotape or videotape the examination.
And there is nothing in the law that requires you to tell the insurance company doctor that you intend to tape the examination.

3) You should Continue reading