Employment Law Information

Archive for January, 2010

 
Pay particular attention to Mr. Stanfield’s third paragraph.  Work Comp is not just about broken bones and bleeding wounds.  The word “injuries” can be misleading and a lot of companies focus only on those type of injuries because they don’t want you filing a workers comp claim or their rates may go up.  An employer CANNOT prevent you from filing a claim even if the claim is later discovered to not be work related.  Mr. Stanfield says “…or from the conditions of employment…”.  This would also include stress from a mean boss or co-workers that causes headaches or makes you so sick that you vomit.

By Terry Stanfield

There once was a time when a worker who was injured on the job had little recourse. Not just was he physically injured, he lost income and had medical bills to pay. Sometimes the injury left a worker disabled and unable to provide for his family. The worker had few options besides to sue the employer for compensation. By and large, the workers lost. This is what led to the establishment of Worker’s Compensation.

Worker’s compensation refers to a state-run insurance program that protects the majority of workers in case of an on-the-job injury or an illness that results from working conditions. Exempted from this coverage are agricultural workers including farm owners and crop harvesters; domestic employees such as maids, housekeepers, butlers and the like; independent contractors of any sort; and employees of small businesses with five or fewer workers.

While each program varies in some details, all are set up to provide monetary benefits to a worker whose injury or illness resulted from a job-related accident or from the conditions of employment. Examples of this could be someone who breaks a bone in a fall, some who loses hearing as the result of working in a noisy environment, or someone who suffers repetitive stress injury from a lot of typing.

If a worker is seriously injured or ill, worker’s compensation also will pay for vocational rehabilitation such as physical therapy or training for a different job. Some programs also pay workers for loss of future earnings, if the injury prevents them from continuing in a higher-paying occupation than they can pursue because of a disability. If a worker is killed on the job, the program pays funeral costs and survivors may receive benefits to replace the deceased’s lost wages.

A worker who’s injured on the job should first file a claim form, available from the employer. Next the worker can expect to undergo an independent medical examination by a physician chosen by the employer’s insurance company. It’s important for the employee to pay close attention to the doctor’s diagnosis, to ask questions and to make notes of the examination afterward.

Any worker who suspects that his or her employer, or the employer’s insurance company, may challenge a worker’s compensation claim should consult with an attorney specializing in worker’s compensation law. The lawyer can help the worker obtain all the benefits to which he or she is due under the law.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

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http://EzineArticles.com/?Comprehending-How-Workers-Compensation-Works&id=3660202

 
By Peter Kirkham

If you have been consistently becoming more ill or incapacitated over the months or years, or you have been injured directly by hazards or negligence at the work place, you are one of the millions of people yearly in America who will benefit from the services that work injury lawyers provide.

When you have questions that you need answered or have been slighted in any way by your employer regarding an injury or a condition that was caused by your work environment, you have rights that you may not completely understand, and because all of these matters are time sensitive, you will need to get on with things rather quickly.

Timing is nearly everything where these cases are concerned, and this means that you will need to be prepared with full documentation of all of the events, conversations, and symptoms leading up to your injury or condition.

In order to do this properly, doctors and work injury lawyers often work together to get a clear and concise case file worked up, and this is then presented to your employer or their attorney for review and answer.

If you already have a work injury lawyer in place, your employer will understand that you are serious about your claims and about backing them up to the full extent of the law.

Because workers comp and personal injury laws vary greatly from state to state, you will need to stay local in your search for the attorney you feel comfortable with.

An online search for a firm or an independent attorney is a great way to get started, and you might include your city and state in the terms of your search so that you can retrieve a more thorough listing of local work injury lawyers.

Remember that many of these lawyers will review the details of your case for free, some of them offering full services in advance of payment based on the strengths that they find in your case.

As you move forward, it is important to remember to let your attorney do all of the talking and the communicating unless you have been directed to do so at a hearing.

As with all legal battles, everything that you say can and will be taken into consideration when determining the outcome of your benefit awards or settlement. It is very important that you keep yourself protected and out of the spotlight until your attorney has navigated the waters and assessed the situation.

The nature of your injuries or illness will also play a big part in the way that your case is determined by the court, should the suit reach the bench of the law. In order to avoid court cases, the work injury lawyer has the expertise and the know-how to negotiate out of court settlements that you might not have though possible.

Most employers will avoid court at all costs, but this doesn’t mean that you should accept the first low number that is thrown on the table, making your attorney a very important commodity.

To discover more information about workplace law have a look at Work Injury Lawyers

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http://EzineArticles.com/?Work-Injury-Lawyers—Saviors-Or-Sinners?&id=3640634

 
By Adriana A Noton

No one wants to be hurt on the job. In addition to the pain and suffering, you face medical bills and the loss of income. But your benefits under Worker’s Compensation can make a work-related injury more bearable. Worker’s Compensation laws were passed to help prevent lawsuits, providing a benefit to employers who could more accurately predict costs. But they also meant that workers injured on the job could receive assistance much more rapidly, without having to wait months for their cases to be heard.

While the laws that apply to those who suffer an injury in the workplace vary between states, there are certain benefits that all provide. One is payment of a percent of the wages the employee would have earned if the injury had not occurred. The exact percentage varies from state to state, but most are in the eighty to ninety percent area. These payments may be exempt from state income taxes, depending on the laws specific to your state of residency.

When injured on the job, you are entitled to payment of all medical expenses related to the injury. In some states, all such expenses are covered, with no out of pocket cost to you. In others, you might have to pay a small portion of the bills. In still other states, you might be covered for all medical expenses, whether injury related or not, at a set percentage. Normally, medical coverage begins as soon as you are injured and continues until you can return to work.

If you are hurt on the job and can never return to the job you originally held but might be able to work at a different position, you may receive training. Take, for example, an original job which required heavy lifting. A severe back injury makes it impossible to return to this position. However, the employee is capable of working a desk job, but lacks the skills to perform in that position. Training, paid by Worker’s Compensation, can make the career change possible.

Anyone who is hurt in the workplace has the responsibility to report the incident immediately to a supervisor or personnel manager. Failure to notify management of the incident at the time it occurs can jeopardize a claim for benefits. One reason is that the injured employee will normally have to pass a drug test to prove there were no drugs or alcohol present. Tests given after the fact may not be able to provide a determination. Also, eyewitnesses must be interviewed, and they may not recall details if much time has passed. And finally, if a dangerous situation exists, management wants to correct it before others are hurt.

Physical therapy may be ordered as part of the medical treatment for an injured worker. The employee is expected to cooperate in all treatment plans, and this includes physical therapy sessions. Failure to participate can lead to termination of benefits.

Doctors and hospitals are usually determined by the insurance provider who writes the policy for the employer. You can insist on seeing your own physician, but payments may be withheld or drastically reduced if you go out of network. However, if the doctor you are assigned proves impossible to work with or incompetent, you can request another physician.

In the event of a work-related injury, you are entitled to many benefits to help reduce the economic damage the injury can cause. Should you have problems obtaining what is due you, there are attorneys who specialize in Worker’s Compensation law. In most states, these lawyers work on a contingency basis, meaning they do not get paid unless you win. As a last resort, you might consult with one to make sure you get all of the benefits to which you are entitled.

After any work-related injury, employees should consult with a personal injury lawyer Toronto for their rightful claims and benefits. The ideal personal injury lawyer offers outstanding services that will greatly assist you in navigating the legal community.

Article Source: http://EzineArticles.com/?expert=Adriana_A_Noton
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