Archive for the ‘Workers Compensation’ Category
July 7th, 2010Muscle and lumbar sprains are some of the most common causes of lower back pain. A sprain is different from a strain, in that a strain occurs when the muscle fibers of this area of the body are abnormally stretched or torn beyond their normal movement. However, a sprain occurs when the ligaments that hold the bones together are torn from their attachments. Differentiating between the two can often be difficult since the injuries sometimes exhibit similar symptoms. In fact, most doctors consider the two to be related as they refer to them both as “musculoligamentous injuries” and are treated in the same manner.
The most common ways to sustain these injuries is by improperly lifting a heavy object or twisting the back in an unnatural manner. Because some occupations require these actions by their employees, you may experience this injury while performing the daily tasks of your job. If this happens, you may be entitled to workers’ compensation benefits from your employer to help pay for your medical bills and lost wages due to missed work. However, to make sure you receive all of the benefits to which you are entitled, you may want to consider hiring an experienced attorney to file your claim. That way, you can focus on recovery and let a professional handle all of the paperwork and deadlines.
The following symptoms are indicative of a serious lower back injury:
- Pain in the lower back or upper buttocks
- Muscle spasms in the lower back
- Pain associated with activities and usually alleviated by rest
However, if you exhibit the following symptoms, you should seek medical care immediately as these could be indicative of a more serious spinal injury:
- Loss of control of bladder or bowels
- Progressive weakness in your lower extremities
- Severe or constant pain
Regardless of the severity of your symptoms, you deserve to receive benefits if your injury was sustained on the job. However, these claims processes can often be difficult and time-consuming, so it is best to hire a legal professional to handle your individual case.
To learn more about back injuries and workers’ compensation benefits, visit the web site of the New Jersey workers’ compensation lawyers of Levinson Axelrod, P.A. today.
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June 29th, 2010You can adopt some strategies that can help on how you can optimize your workers compensation claim. Starting and smaller firms often find workers compensation claims premium to be a big financial burden on their part. This is the reason why you should implement strategies that could help optimize the claims.
Workers compensation premiums will depend on the kind of industry you belong and where the business operates. These considerations are beyond your control. But you may focus in other factors where you do control such as the history of workers compensation claims and payments.
These are the methods in which you can maximize the worker compensation claim:
Safety should come first. The workplace must be a joy to report to daily. Studies show that a workplace where employees are hostile to each other is more at risk of compensation complaints and higher claims.
Safety is one important factor in the workplace. But being the business owner, you should go a step beyond providing a safe place to employees, you should make it a joy to go to. This can be done by implementing a safety program. Friction among employees should be settled.
You can rotate schedules or tasks to prevent repetitive stress problems. This will also take away the boredom from routine jobs and make employees more interested in their jobs. Providing work breaks will also help.
Training programs will help employees develop their capabilities. You can also give employees information on how to prevent injuries and what they should know about compensation claims through the trainings. The employees should be required to help reduce employee claims costs.
Establishing a good safety program is another way to optimize worker compensation claim. Insurance providers are more understanding towards employers who provide training programs and safety programs to their employees even if they have bad loss histories. The programs may not change what happened in the past but the insurance provider will not take it against them because of their counter measures they have instituted in preventing injuries from occurring again.
Ensure that jobs are properly classified. Employers at times classify all employees under the low-risk classes. This is to lower their premium payments. However, this may spell trouble for them if insurance provider finds out.
Employees who are more prone to injuries or accidents naturally pay higher premiums on their worker compensation. A welder, for example, is required to pay more than a clerk. If the insurance company thinks that you misrepresent the job classification of some employees, they may no longer provide you insurance. It will be hard to find a new insurance provider later.
Contact OSHA. Talking to Occupational Safety & Health Administration (OSHA) will provide you with helpful information and guidelines on workplace safety recommendations. OSHA guidelines will allow you to enjoy a healthier and safer workplace that is not prone to workers compensation claims.
Ask OSHA to visit your company the moment you start doing business. Inquire from them which parts of the workplace are injury prone areas? How do these injuries occur? How you can eliminate these risks?
Pay for safety programs. Firms must pay for training, systems, equipment and instruction that can make the workplace even safer. Take for example, slip and fall is considered the second most costly accidents at work. This risk is within your control and you can avoid this. This can be minimized or even eliminated if the business adopts proper strategies. These are the various tips on how you can optimize your workers compensation claim.
If you have an on-the-job injury, you may require help from a workers compensation attorney to get all the benefits that are due to you. Workers comp attorneys offer professional management of all facets of your injury claim.
May 26th, 2010
Worker’s Compensation Eligibility
If you find yourself in a situation at work where you are injured or have become ill, you may be eligible for workers’ compensation also known as workers’ comp. There are benefits that can be helpful if you qualify such as medical treatment, compensation for lost wages, rehabilitation, or money due to a permanent disability that impairs you from working. Before you qualify for workers’ compensation, you should know what makes you an eligible recipient. You can contact a lawyer who specializes in this area to help you file your claim if you think you qualify for the compensation.
There are certain qualifications that make someone eligible for the compensation. The generalized component for eligibility is that the injury or illness has to be caused from your job or occur while at work. Some preexisting conditions that are accelerated due to your job can also qualify you for workers’ compensation. Some states will also approve your claim if you are injured while at a company party or off site training. Sudden accidents at work such as illness, injury, and unfortunately death are usually covered too.
Examples of eligible claims include, but are not limited to, mental illness due to stress, injuries from work machines, or repetitive duties or motions that cause a disability. Injuries can include hearing loss, sight loss, or loss of muscular movements due to the duties performed while at work. Diseases and other health impairments that rapidly increase due to your job are also eligible injuries that can be claimed. As you can see, any injury or disability has to occur or be a result of your work place.
There are limitations, and not every illness, injury, or disease can be filed for worker’s compensation. If you are injured at work because you are acting out of accordance, then the injury is your fault and not your employer’s. For example, if you are at work under the influence of drugs or alcohol and are injured because you fall then your employer is not liable for your injury. However, if you are injured because another employee’s misconduct, you may be eligible for a claim. Self inflicted injuries or illnesses that you inflict at work are ineligible.
Every state has different guidelines and eligibility requirements for compensation, so it is in your best interest to hire a worker’s compensation lawyer to guide you during the process. For example, if you live in the Chicago area you can hire a Chicago workers compensation lawyer, or if you live in California you should hire a lawyer from your state. They can help you determine if you are eligible to receive worker’s compensation from your employer. If you receive compensation you cannot sue your employer because of the illness, injury, or death. On the other hand, if your claim is denied you may be able to sue.
Mitchell Peskin, Chicago workers compensation attorney and managing partner at Millon & Peskin, practices in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit http://www.millonpeskin.com.
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