Rice Law Office Blog

If I am seriously injured and can’t work, should I see a worker’s compensation attorney, an injury attorney or an employment Attorney?

Here's the Quick Answer:

If you have a serious injury or illness which will result in a period of disability you will want to seek help from someone who can help you with your employment, injury AND worker’s compensation issues because an early, informed and coordinated plan of approach is critical to your full protection. Serious injuries require a global approach.

The Rest of the Story:

Every case is unique and to get everything to which you are entitled you must be sure you have an attorney who understands ALL the benefits you have available and how to best coordinate them to maximize your coverage.

Methods to Maximize Social Security Disability and Retirement Benefits

Part one: What is File and Suspend?

This is my first post in my series on social security disability and retirement strategies to increase monthly benefits. In my first two posts, I will try to explain the concept of file and suspend as a strategy to increase retirement benefits and in the second post, I will address the controversy surrounding this option. In my third post I will address the method of dual filing for social security disability and retirement to maximize benefits for those forced to retire early due to disability.  

File and suspend is a strategy used by married couples to increase retirement benefits. It’s easier than it sounds. Here’s how it works:

The spouse with the higher retirement benefit known as PIA (the formula for calculating benefits is called the Primary Insurance Amount or PIA) files for social security benefits at full retirement age, then immediately files a notice to suspend payment of those benefits. In many households the higher earner is the husband, so he would file for retirement at his full retirement age (as opposed to early retirement), but he would opt out of taking his actual payment.

Teachers in New Hampshire face unique issues and challenges when dealing with injuries at work. It’s wise to consult with a union representative or attorney early on to avoid unwitting errors in worker’s compensation which could result in significant loss down the road.

Worker’s compensation is a critically important benefit that provides numerous protections to employees injured on the job.

Worker’s Compensation is the insurance coverage for lost pay, medical bills and other damages caused by a work injury, but it does so much more. It also provides job protection for up to 18 months for temporary disability (as opposed to only 12 weeks under the FMLA which covers some non work related injuries) if an injury results in time out of work.

Further, while it does not provide compensation for pain and suffering, it does provide for a one time payment for certain injuries which are deemed permanent under the law, a benefit which can make the difference in meeting expenses in the case of a lengthy time out of work.

Even more important for some, a claim that is accepted as work related will entitle an employee to state disability retirement regardless of vesting. It essentially accelerates the vesting as of the date of injury. As vital as this benefit is, it has some loop holes and traps for the unwary which can be treacherous.

Not surprising to those of us who proudly call New Hampshire home, our great state was ranked number one in the nation according to Politico Magazine.

Politico averaged state rankings from 14 different categories, drawing from "reputable" sources like the census bureau, the Centers for Disease Control and Prevention and the FBI, and considering factors such as high school graduation rates, per capita income, life expectancy and crime rate. The result was a master list ranking of all 50 states, and NH sits at the top of the list with the #1 ranking.  The article can be found on Politico's website.

Our neighbors also fared well with Vermont at #3, Massachusetts at #5 and Maine coming in at #4 in the nation.

The proliferation of social media has now extended into the business world. It is common practice for corporations to connect with consumers through Facebook, Twitter, and other cyber-media channels.   While social media represents the most modern form of promotion and advertising, its explosive growth has left employers and employees with many heretofore unimagined policy challenges.   If an employee has accrued many followers or friends while posting on behalf of the company, what happens to the account after the employee leaves the company?  If an employee has a social media presence on behalf of the company, how can the company manage the content posted by the employee? In order to enjoy the advantages of modern social media channels, corporations need to be prepared with equally modern policy.  Here’s a quick introduction to handling social media related policy challenges:

• Specify that the social media account belongs to the company, and that upon termination of employment the employee forfeits al l access to the account.
• Passwords are considered confidential proprietary information.  Be clear that passwords cannot be changed without explicit direction to do so.
• Corporate policy restricting the content employees may post on social media sites must be carefully framed.  It is ok to protect confidential information,but recent National Labor Relations Board(NLRB) guidance memos indicate that too much restriction may constitute a violation of employees’ right to discuss terms and conditions of employment.
• A prospective house bill would prohibit employers from requiring current and prospective employees to disclose social media passwords.
• Social media offers the opportunity for corporations to connect with consumers and the public on an individual basis, and is particularly effective in targeting the young and computer literate demographic.  While each company is unique, a social media presence is a logical practice is this digital age. 
• If you have questions about your company’s policies, contact Rice Law Office today.

Rice Law Office and its team of walkers and runners braved the early morning rain to bring attention to the quest for the cure at the Tanger walk/run for the cure, held on September 22nd.  With nearly 40 participants, Rice Law Office was able to make a meaningful contribution to LRGH healthcare in support of breast cancer for every member of the team while enjoying the company of an amazing group of friends and family!  Thank you for joining us to bring funds and awareness to this important cause.  Check out our photos, they're sure to make you smile!  

Internal investigations are always sensitive matters, and in many cases employers will request that employees maintain confidentiality regarding the ongoing process.  However,not all policies of this nature are lawful. In 2012 the National Labor Relations Board (NLRB) found that some confidentiality policies constituted a violation of employee’s Section 7 rights.  The landmark case involved Banner Health’s policy of prohibiting employees from discussing any detail of an internal investigation with their coworkers.  The NLRB determined that there must be a “legitimate business justification that outweighs employees’ Section 7 rights” in order for such a policy to be lawful.

It is hard to say when business interests outweigh employees’ rights, and judgment regarding the validity of confidentiality policy will certainly be on an ad hoc basis.  However, the NLRB has released a set of guidelines under which confidentiality policy for internal investigations maybe valid. These include circumstances under which:

• Witnesses need protection
• Evidence is in danger of being destroyed
• Testimony is in danger of being fabricated
• There is need to prevent a cover up

There is a further a distinction which allows employers to request confidentiality, although they may not require it.  In all circumstances, internal investigations require careful and appropriate handling on the part of the employer so as not to violate employee rights. If you are uncertain or uncomfortable with the requirements of your employer during an ongoing internal investigation, you should not hesitate to contact legal assistance.