WORKERS' COMPENSATION CLAIM VERSUS EMPLOYER NEGLIGENCE LIABILITY CLAIM

Came across a story (unconfirmed) where an adjuster (Workers' Compensation) during the investigation of a death claim discovered the accident was caused in part by the employers negligence.
Seems the employer (a supervisor) removed a safety device from a machine so that production time would not be impacted.  This removal did the intended purpose and keeping production high and there were no problems until a newly trained employee used the machine and was severely injured then died.
The adjuster before completing the report discussed the uncovered facts with their supervisor, the claims manager and then the underwriter!  Turns out that this insured was a very large account with multiple locations so a decision had to be made about going forward with the facts as presented.
If the death was caused by employer negligence the claim would not be processed as a Workers' Compensation Claim with a death benefit of under $150,000 but handled as a Wrongful Death which in most cases would be a much larger amount,  and with the possibility of Punitive Damages (not covered by insurance) being awarded!
The claim was then taken away from this adjuster and completed by an independent adjuster who determined that there was no employer negligence and the claim was paid using the Worker's Compensation Death Benefit!


DISCLAIMER: All Blogs and Blog Posts written by, created by, edited by, reviewed by and published by the Owner, Editor or Designer, Jeff Weiss, Jeffrey M Weiss or Weiss, are just "opinions or comments"! There is absolutely no "legal" bases or claimed legal bases for any of the statements or opinions. These "Blogs" and "Stories" are posted only for the enlightenment of the readers. When actual names are used the Reader should verify all the statements before formulating an opinion of their own. Nothing in any of these Posts should be considered "FACT" until the reader has verified it for themselves. Those who Post a response or reply do it at their own peril and this Blog Post and its owners do not share in or carry any liability or responsibility for their comments or opinions!

United States Postal Service

Like most of you when I send something using the Post Office Flat Rate Envelope rarely do I purchase more insurance.  The Envelope comes with $50.00 of coverage which 9 out of 10 times is more than the value of the contents.
I sent some items to my grand children for Easter which included a $25.00 Gift Card to El Pollo Loco!  The envelope arrived but for some reason there was no Gift Card inside.
The Postal worker told me that Cash, Money Orders and Gift Cards were not covered by their insurance policy!  I asked if the envelope would have never been received would there still be no coverage for the Gift Card? The answer was yes, NO COVERAGE, "Lesson Learned!"

Read the FINE PRINT and if you are going to send a Gift Card be sure to Register it first.  That way if it gets lost or stolen you can go online, enter the account number and a PIN and get a new card!

Jeff Weiss



DISCLAIMER: All Blogs and Blog Posts written by, created by, edited by, reviewed by and published by the Owner, Editor or Designer, Jeff Weiss, Jeffrey M Weiss or Weiss, are just "opinions! There is absolutely no "legal" bases or claimed legal bases for any of the statements. These "Blogs" and "Stories" are posted only for the enlightenment of the readers. When actual names are used the Reader should verify all the statements before formulating an opinion of their own. Nothing in any of these Posts should be considered "FACT" until the reader has verified it for themselves. Those who Post a response or reply do it at their own peril and this Blog Post and its owners do not share in or carry any liability or responsibility for their comments.