Employment Law Information

Archive for the ‘Workers Compensation’ Category

 

By Joseph Devine

In recent years, the Occupational Safety and Health Administration (OSHA) and other government organizations have made a concerted effort to reduce the number of workplace injuries in the United States. As our workplaces become more advanced and more technologically refined, the number of accidents should be decreasing. Unfortunately, this is not the case. Thousands of workers are injured every single day in workplace accidents, the majority of which are tragically preventable.

In 2008 alone, there were almost 3.7 million workplace accidents reported in the United States – a total which represents approximately 10,000 injuries every day of the year. Some of the most commonly affected fields include construction workers, mill workers, and manufacturing employees.

Perhaps more frightening is the frequency with which employers attempt to hide workplace accidents in order to avoid paying workers’ compensation. According to a study compiled by the University of Illinois, UCLA, and the National Employment Law Project, only 8% of low-wage workers who were seriously injured on the job filed a workers’ compensation claim, and a large number of company doctors said they were pressured to cover up major injuries.

Ultimately, your employer has a responsibility to provide a safe workplace for you and your fellow workers. Accidents that occur as the result of a failure to provide a safe working environment are ultimately his or her fault, and he or she has an obligation to provide you with compensation for your injury.

Workers’ Compensation

Workers’ compensation is a form of insurance designed to protect workers like you who have been injured at the workplace. It exists to provide them with the money they need to cover lost wages and medical bills. In order to qualify for it, an employee essentially waives his or her right to sue his or her employer. So when your employer fails to give you the compensation you deserve, he is failing to honor his end of the agreement.

Your employer owes you a safe workplace. If he hasn’t provided it, and you’ve been injured, you have the right to workers’ compensation funds. If you aren’t receiving them, it is your legal right to sue. A qualified workers’ compensation attorney may be able to help you get the compensation you deserve.

If you have any questions about workers’ compensation law, the New Jersey workers’ compensation attorneys of Levinson Axelrod may be able to help. Please visit our website today.

Joseph Devine

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Related Blogs

 
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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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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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.

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By Tony Mandarichand Reda Abouleish

After working, day after day, you tend to ignore the danger signs of injury around your working area. For what if you have to change a light bulb in the office, step on a ladder and you fall? How will you pay for the medical bills that shall follow? Alternatively, what if you slip on a wet surface in the office kitchen, which causes you to be out of work for days, weeks or months? You do not have to be a labor worker to collide with accidents on the job. There are dozens of way you may be injured, and the greater knowledge you are able to gain about worker’s compensation, the better prepared you are for the worst.

Many Americans are at their jobs for longer duration of time than at their own homes. Hospital employees work long shift hours, where the danger to exposure to hazardous materials is high. Others work in office buildings, where the offices may be undergoing remodeling leaving wires hanging out putting office workers at risk. You just never know what may occur at work. Thus, what do you do if something, unfortunately, does happen? Employers by law are required to safeguard against carelessness. Specific safety measures must be implemented at all times. However, if the company fails to comply with regulations, then a claim may be filed against your work.

Why do you need to file for worker’s compensation?

It is important to file if you are no longer able to work. For example, if you are injured on the job and unable to return, then how will you receive income while being laid up? How will you still be able to live, pay your bills and provide a home for your family. Additionally, what would happen if hazardous work conditions caused you to suffer from an illness leaving you unable to work? How would you put food on the table? How would you be able to keep your home if a job-related disability left you incapable of working? These are all circumstances covered under worker’s compensation. It is constructed to fill in the missing financial gaps.

So how do you file a claim against your work?

It is not a difficult procedure, but there are many details to the filing. If you are not familiar with the process, it may become too overwhelming. In addition, if you are not familiar with the law then you may be losing out via not utilizing it to the fullest potential. Consequently, some people do not take the initial steps to file for there is a common fear of being ousted by your employer. Along the same lines, some people are afraid of losing their jobs and/or being harassed at work if they follow through with worker’s compensation. Thus, it is better to meet with a worker’s compensation attorney.

A worker’s compensation attorney will be able to guide you through the correct course of action. You need to find someone who is experienced. How many cases has the lawyer handled in the past? How many did he/she win? Ask for references. Find out what type of educational background has he/she earned? Once you find an informed and knowledgeable attorney, then the rest will be a team effort never leaving you to fight it alone.

Find a Virginia worker’s compensation attorney or a worker’s comp lawyer today.

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You may always love how this country promises its citizens the respect for their rights even in the private or public workplaces. As a federal worker, you may have seen how these work to your advantage in terms of salary and benefits. Of course, one thing you should be thankful about is the federal workers compensation.

When a federal worker gets an injury while doing something related to his job, he is entitled to several benefits from the government. One of these is lost wages or compensation. During the period when they are unable to report to work while recuperating from an injury, one may receive such compensation.

However, you can still hit some issues while requesting these since you can become a victim of mistakes in the bureaucracy. You will certainly abhor this idea but it does happen even if you are a government employee yourself. It is possible that your request papers for federal workers compensation can just get lost or can be denied without just reasons.

Sometimes, the requests may just be set aside also due to what the agency may perceive as more pressing concerns. However, regardless of what the reasons are, it is the obligation of the federal government to grant benefits for the distressed workers in accordance to the laws. If the worker concerned does not know their rights, they may just let these things pass.

You will definitely be sorry if you just let this happen without making any noise, at least. The benefits that are supposed to have as promised upon your employment may not be realized. You are consciously letting other violate your rights. In doing so, you will not get your benefits.

What you can do to solve this situation is to approach the Merit Systems Protection Board or the MSPB. A quasi-judicial agency of the government’s executive branch, this hears complaints regarding federal workers’ benefits and compensation. Because it acts like a court, then the complainant will certainly need a MSPB attorney to represent the case.

His MSPB attorney will ensure that his complaints are well documented along with all the required proofs or affidavits before these are filed at the MSPB. The lawyer will represent him in the subsequent hearing and push for the payment of his benefits. The objective, of course, is the upholding of the federal workers’ rights.

When, ultimately, the case is decided in your favor, the MSPB will order the immediate provision of your federal workers compensation. This may not happen to you often. However, when it does, it can be quite annoying. Therefore, you should be ready to have a MSPB attorney when needed.

If you are a federal employee, and are having issues with injuries acquired at work, you may be qualified for federal workers compensation. Look into hiring a MSPB attorney to review your case and help you get your claims.

By Marc Madden

In a country that avows to respect the freedoms of individuals, it is only expected that its government employees enjoy the respect of their basic rights. In fact, federal workers have certain advantages that they receive, which those in the private sector may not have. One benefit that can be obtained is the federal workers compensation.

When a federal employee gets an injury while doing something related to his job, he is entitled to several benefits from the government. One of these is lost wages or compensation. During the period when they are unable to report to work while recuperating from an injury, one may receive such compensation.

However, even government employees are not totally safe from bureaucratic lapses. Whether these are caused by mere negligence or by erroneous decisions on the part of the agency involved, these can be quite disconcerting for the hapless federal workers. These may take the form of outright denial of claims or requests for federal workers compensation.

Sometimes, the requests may just be set aside also due to what the agency may perceive as more pressing concerns. However, regardless of what the reasons are, it is the obligation of the federal government to grant benefits for the distressed workers in accordance to the laws. If the worker concerned does not know their rights, they may just let these things pass.

Not knowing your rights means not having the benefits that the employee deserves. This means forfeiting the funds that he may need to cover the cost of being unable to work. Therefore, this is not a practical move, at all. This will only put the employee at the losing end.

What you can do to solve this situation is to approach the Merit Systems Protection Board or the MSPB. A quasi-judicial agency of the government’s executive branch, this hears complaints regarding federal workers’ benefits and compensation. Because it acts like a court, then the complainant will certainly need a MSPB attorney to represent the case.

The MSPB attorney will see to it that the worker complainant will have the necessary basis to make a case against his direct employer government office or agency. He will present the case to the MSPB and demand that the defendant be made to answer accordingly. This is done with the purpose of upholding the rights of the federal worker.

Once the case is heard and won, it is expected that the plaintiff will immediately get his federal workers compensation. Cases like these may not happen too often. However, in the face of a huge bureaucracy, this can be always possible. If it does, it is recommended that the employee contact an MSPB attorney immediately.

If you are a federal government employee, and are suffering from injuries acquired at work, you may be eligible for federal workers compensation. Look into hiring a federal employee attorney to review your case and help you get your claims.

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http://EzineArticles.com/?Dealing-With-Issues-on-Federal-Workers-Compensation&id=3405425

 
By Joseph Devine

Courier services and the mail are one of the most important lifelines of our society. Without their efforts, communication and commerce would be much more difficult or impossible. The nature of these services means that employees are under unique pressures and face risks different from many other lines of work.

Delivering the mail requires more than people on the ground visiting mailboxes. There are long-distance truck drivers, pilots, loading and unloading crews, and distribution center employees. At each step of the chain, efficiency is of the utmost importance. This can result in a great deal of pressure on workers. Many of these jobs are also very physical, which can present injury risks.

For people delivering on the ground, there is a risk of injury from moving sometimes very heavy packages. Fully-loaded mail trucks can result in tumbling packages and smashed hands and feet. Improper lifting technique can of course result in injuries, and many delivery vehicles do not offer the same amount of protection as most modern vehicles.

Some of the unpleasantness of postal ground work has become iconic. Even if the mail is delivered “rain or shine,” adverse weather conditions can pose serious health risks. Without adequate protection, excessive heat and cold can cause serious and potentially life-threatening conditions. Likewise, unfamiliar dogs can pose serious threats to mail delivery people. Some people even have more exotic animals like tigers which could pose life-threatening risks to delivery people.

Postal and courier work can be as dangerous as it is essential. Although many people love the independence that line of work can bring, the risks are still present. If you have been injured while carrying out your mail delivery duties, you are entitled to file for workers’ compensation to help you with your expenses until you can work again.

The Pennsylvania workers compensation attorneys of Lowenthal & Abrams can help you put together and file your claim. To discuss your case with a lawyer, contact Lowenthal & Abrams today.

Joseph Devine

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By Joseph Devine

There are many occupations that have specific illnesses associated with them. Very often these are the result of some environmental factor in the workplace, or a result of the work itself. You may have heard of coal miners suffering from “black lung,” a disease caused by inhalation of coal dust. People whose jobs involve heavy repetition of certain actions can lead to repetitive strain injuries. In addition, although increasingly rare, some workers are still exposed to highly toxic chemicals like lead.

The lungs are one of the parts of the body most commonly affected by the workplace. People who work in industries where there is a lot of ambient dust are susceptible to diseases from dust inhalation. Although our lungs are capable of clearing out much of the particulate matter (dust) we inhale, some substances persist. Silica, the most common mineral on earth, is not toxic. But very fine silica particles can become permanently stuck in lung tissue and reduce the lung’s capacity.

Repetitive strain injuries, sometimes abbreviated RSIs, are the result of prolonged specific stresses on the body. Carpal tunnel syndrome is one example of an RSI, but there are many others. Carpal tunnel syndrome is caused by pressure on the median nerve, which connects the hands to the spine, as it passes through the wrist. Other RSIs involve similar prolonged strain on nerves and tendons, and can affect thumbs, elbows, and the nerves connecting the neck to the arms.

Although there are extensive workplace safety regulations in place, some jobs do involve risk of exposure to toxic substances. In many cases this is by necessity: jobs that “someone has to do.” Thankfully, modern safety equipment drastically reduces the effects of such work environments. If the equipment becomes damaged, however, workers can be exposed to toxic substances. People who clean radioactive waste, for example, could be exposed to cancer-causing radiation if precautions are not followed exactly.

If you have fallen ill as a result of workplace conditions, you may be entitled to workers’ compensation insurance. An experienced workers’ compensation attorney can help you get the full assistance you need. However, if you think someone might be liable for putting employees at risk, pursuing legal action might be preferable. In either case, the Pennsylvania workers compensation and personal injury attorneys of Lowenthal & Abrams can help you. Contact them today to learn more.

Joseph Devine

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By Joseph Devine

All workers have certain rights granted to them by federal laws as well as laws from individual states which protect them against workplace accidents and negligent employers. In addition to the benefits experienced by employees, employers benefit from these laws because they increase the productivity of employees. The community benefits from workers’ compensation laws as well: the laws keep health costs low.

Injured Workers and Their Rights

If you are an employee in the United States, you should be familiar with your rights as a worker in regard to an injury, accident, and losses experienced in the workplace. These rights include:

Workers’ Compensation:

Every worker in the United States is entitled to workers’ compensation coverage. If you are hurt on the job or in the workplace, your employer may have a responsibility to help cover the costs of your medical needs. There are exceptions to the rule which vary by situation and state. If you think you are entitled to workers’ compensation coverage that you have not received, you might consider seeking legal advice.

Disability Compensation:

If you experience an accident on the job, you may experience injuries that leave you with either temporary or permanent disabilities. These disabilities may even prevent you from returning to your job, forcing you to miss work or forcing you to find other employment. For this reason, disability compensation from your employer can help provide you with funds to help support yourself and your family either during your time of healing or permanently if you are unable to return to work. Depending on your injury, your work history, and your employer, your compensation will vary.

Information:

As an employee, you are entitled to proper education about safety, insurance coverage, and legal rights. Your employer is obligated to provide you with this information any time you have any questions about workers’ compensation, disability compensation, or injury claims.

Formal Complaints:

You have the right to file a complaint if your employer neglects proper standards of employee safety and care or if you feel you have not gained just compensation for any loss. The Department of Workers’ Compensation can provide you with information about complaints, as can your employer, your insurance representative, or a legal adviser.

Despite the rights of all United States workers, some employers fail to properly recognize these rights. In this case it is often advisable to seek legal assistance. For more information about work-related injuries and workers’ compensation, contact the Des Moines workers’ compensation lawyers of LaMarca & Landry, P.C.

Joseph Devine

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