Representation Will Benefit In The Long Run

Although there is no law which says you need to hire a lawyer, in practical terms and regardless of how you feel about attorneys, it is difficult to handle a workers' compensation case on your own. With trained adjustors working for the insurance companies who have lawyers at their everyday disposal, hiring a qualified attorney is essential. Unless your case is extremely simple, a good lawyer is important to protect your rights. Trying to handle your own case may save you a penny but cost you a pound in the long run.

Hiring a lawyer is critical in any of the following situations:

-The employer denies you were injured on the job
-The carrier has denied benefits
-You cannot get medical treatment
-You are not getting paid
-The adjustor promises benefits or care which never arrives
-An attorney for the employer or insurance company contacts you and wants to take a deposition
-You want to sue a third person- You begin to represent yourself and you encounter someone on the other side who is particularly difficult and is trying to take advantage of your lack of legal expertise

These are but a few of the situations which arise and should make you consider hiring an attorney. Remember, the more problems you encounter, the more you probably need representation.

Choosing a lawyer is a personal matter. A lawyer generally has 19 years of formal education and must have passed a difficult exam to be able to practice law. This training combined with his legal experience constitutes his education. His education and experience are primary considerations along with the proven ability in the field of workers' compensation. Board certification shows that the practitioner has a high degree of experience and ability. Because there is a continuing relationship between the lawyer and the injured worker as a client, the personal nature of the relationship must also be considered.

Social Security Increases for 2011

FACT SHEET

Social Security

Cost of Living Adjustment (COLA):

Based on the increase in the Consumer Price Index (CPI-W) from the third quarter of 2008 through the third quarter of 2011, Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 3.6 percent COLA for 2012. Other important 2012 Social Security information is as follows:

TAX RATE

Employee

2011: 7.65% *

2012:7.65% *

Self-Employed

2011: 15.30% *

2012: 15.30% *

NOTE: The 7.65% tax rate is the combined rate for Social Security and Medicare. The Social Security portion (OASDI) is 6.20% on earnings up to the applicable taxable maximum amount (see below). The Medicare portion (HI) is 1.46% on all earnings.

*Section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 reduced, for wages and salaries paid in calendar year 2011 and self-employment income in calendar year 2011, the OASDI payroll tax by 2 percentage points, applied to the portion of the tax paid by the worker and the self-employed individual.

Maximum Taxable Earnings:

Social Security (OASDI only)

2011: $106,800

2012: $110,110

Medicare (HI only) N o L i m i t

Quarter of Coverage:

Earnings needed to earn Social Security Credit

2011: $1,120

2012: $1,130

Retirement Earnings Test Exempt Amounts:

Under full retirement age

2011: $14,160/yr. ($1,180/mo.)

2012: $14,640/yr. ($1,220/mo.)

NOTE: One dollar in benefits will be withheld for every $2 in earnings above the limit

The year an individual reaches full retirement age
2011: $37,680/yr. ($3,140/mo.)

2012: $38,880/yr. ($3,240/mo.)

NOTE: Applies only to earnings for months prior to attaining full retirement age. One dollar in benefits will be witheld for every $3 in earnings about the limit.

There is no limit on the earnings beginning the month an individual attains full retirement age.

Social Security Disability Thresholds:

Substantial Gainful Activity (SGA)

Non-Blind

2011: $1,000/mo.

2012: $1,010/mo.

Blind

2011: $1,640/mo.

2012: $1,690/mo.

Trial Work Period (TWP)

2011: $720/mo.

2012: $720/mo.

Maximum Social Security Benefit: Worker Retiring at Full Retirement Age

2011: $2,366/mo.

2012: $2,513/mo.

SSI Federal Payment Standard

Individual
2011: $674/mo.

2012: $698/mo.

Couple
2011: $1,011/mo.

2012: $1,048/mo.

SSI Resources Limits

Individual

2011: $2,000

2012: $2,000

Couple

2011: $3,000

2012: $3,000

SSI Student Exclusion

Monthly Limit

2011: $1,640

2012: $1,700

Annual Limit

2011: $6,600

2012: $6,840

Estimated Average Monthly Social Security Benefits Payable in January 2012:
All Retired Workers

Before 3.6% COLA: $1,186

After 3.6% COLA: $1,229

Aged Couple, Both Receiving Benefits

Before 3.6% COLA: $1,925

After 3.6% COLA: $1,994

Widowed Mother and Two Children

Before 3.6% COLA: $2,455

After 3.6% COLA: $2,543

Aged Widow(er) Alone

Before 3.6% COLA: $1,143

After 3.6% COLA: $1,184

Disabled Worker, Spouse and One or More Children

Before 3.6% COLA: $1,826

After 3.6% COLA: $1,892

All Disabled Workers

Before 3.6% COLA: $1,072

After 3.6% COLA: $1,111

Social Security Announces 3.6 Percent Benefit Increase for 2012

NEWS RELEASE
Social Security

SOCIAL SECURITY ANNOUNCES 3.6 PERCENT BENEFIT INCREASE FOR 2012

COST OF LIVING ADJUSTMENT IS FIRST SINCE 2009

Monthly Social Security and Supplemental Security Income (SSI) benefits for more than 60 million Americans will increase 3.6 percent in 2012, the Social Security Administration announced today.

The 3.6 percent cost-of-living adjustment (COLA) will begin with benefits that nearly 55 million Social Security beneficiaries will receive in January 2012. Increased payments to more than 8 million SSI beneficiaries will begin on December 30, 2011.

Some other changes that take effect in January of each year are based on the increase in average wages. Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $110,100 from $106,800. Of the estimated 161 million workers who will pay Social Security taxes in 2010, about 10 million will pay higher taxes as a result of the increase in the taxable maximum.

Information about Medicare changes for 2012, when announced, will be available at www.Medicare.gov. For some beneficiaries, their Social Security increase may be partially or completely offset by increases in Medicare premiums.

The Social Security Act provides for how COLA is calculated. To read more, please visit www.socialsecurity.gov/cola.

-Kristen Alberino

Metropolitan Public Affairs Specialist

Social Security Administration

Quincy, MA

Preventing Repetitive Strain Injuries

In her article entitled "Preventing the Number 1 Occupational Health Problem: Repetitive Strain Injuries", author Teresa Long outlines the importance

"Think Your Massachusetts Injury Claim is Not Worth Pursuing? You May Be Wrong"

T

Hurt at Work? Know Your Legal Rights

Were you injured at work? If so, there is some crucial information you should know about the laws of Workers Compensation in Massachusetts. Check out this post by http://lawfirms.com/

Workers Compensation Laws in Massachusetts

Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, any retraining necessary to restore them to the workforce.

When a worker is killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.

Workers Compensation is Compulsory in Massachusetts

Workers compensation is compulsory in Massachusetts - employers must provide workers compensation insurance for their employees. The insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Only domestic workers who work less than 16 hours a week are exempt.

Medical Benefits and Physician Choice in Massachusetts

Employees are allowed to make the initial choice of physician and full benefits are provided with no time or monetary limits.

Disability Benefits Provided in Massachusetts

In the state of Massachusetts, temporary total disability payments are a percentage of the worker's wage and may continue for up to 156 weeks.

Permanent total disability payments are calculated as a percentage of the worker's wage and typically continue for the duration of the disability. Benefits are offset by Social Security benefit.

Permanent partial disability benefits are allotted based on a percentage of the worker's wage and typically continue for up to 260 weeks, but may continue for up to 520 weeks. These benefits are offset by unemployment insurance and Social Security benefits.

Court awards are paid in addition to benefits and are not reduced because of receipt of disability benefits.

Death Benefits Provided in Massachusetts

An employee's surviving spouse, or spouse and children may collect death benefits, based upon a percentage of the employee's wages and subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is also available.

Limits on Attorney Fees

Massachusetts workers compensation laws stipulate that attorney fees for claimants are limited to twice the state average weekly wage. Otherwise, claimants' attorney fees are set by the agency depending upon the manner in which the case is resolved. In certain cases, the attorney fee may be added to the award.

AIA Supports Massachusetts Workers' Compensation Legislation

Written by: Brianne Mallaghan

The American Insurance Association (AIA) testified today in support of workers' compensation legislation in Massachusetts that would promote competitive insurance rating among carriers requiring them to operate more efficiently and become more customer-focused. The testimony was presented at a hearing before the Committee on Labor and Workforce Development.

The legislation, House Bill 1853 and House Bill 1864, Acts Relative to the Competitive Determination of Workers' Compensation Insurance Rates, is an important and necessary change to the state's workers' compensation system, according to AIA.

"These bills would move Massachusetts to a 'loss cost' rate making system, similar to that used in 40 other jurisdictions, including all of the other New England states," said John Murphy, AIA Northeast Region vice president, noting that New York most recently passed legislation establishing a loss cost workers' compensation rating system in February 2008. "H. 1852 and H. 1864 do not affect or change the benefits injured workers receive or the process through which they receive them. The bills only change the way that rates for workers' compensation will be determined."

Murphy explained that under the loss cost approach, the commissioner would continue to review and approve the basic building blocks of the rates (known as the "loss costs") so that all companies share the common basis for making rates. The biggest difference from the current system is that under this legislation, companies would have to compete over the elembents within their individual control, such as administrative costs and profit, according to Murphy. The legislation also establishes ranges for the various components that go into making the final rate.

"Moving to a 'loss cost' or competitively rated system will promote stability and reliability for employers and insurers as the system will be de-politicized and based on the fundamental component of insurance pricing -- the actual loss costs," concluded Murphy.

AIA member companies write approximately 23% of the workers' compensation insurance coverage in Massachusetts.

The American Insurance Associaion represents approximately 350 major insurance companies that provide all lines of property and casualty insurance and write more than $123 billion annually in premiums. The association is headquartered in Washington, D.C. and has representatives in every state. All AIA press releases are available at www.aiadc.org.