The United States Congress passed the Occupational Safety and Health Act (OSHA) in 1970 as a means of preventing work-related illnesses and injuries. OSHA is a federal agency that is part of the Department of Labor. Their primary job is to issue and enforce safety standards and guidelines to keep employees from being harmed in the workplace. Before OSHA was formed, it was common for employees to work in dangerous and noisy conditions or be exposed to hazardous chemicals. The primary mission of OSHA is to make sure the health and safety of all workers in America are kept to the federal standard. It is the job of OSHA to investigate complaints by inspecting the workplace when there is a possible hazard or danger, which could lead to serious injury or death.
Benefits You Are Entitled to Receive
When an employee becomes injured or disabled while on the job, they have the right to file a claim for workers compensation benefits. Each state has their own specific workers compensation laws that regulate benefits. However, in general any employee who is injured through no fault of their own is entitled to receive the following benefits:
• Reimbursement for all medical treatment needed. • Travel-related expenses going to and from medical appointments, including the cost of hiring transportation when they are unable to drive due to the injury. • Temporary or permanent disability benefits, which are usually based upon a percentage of the employee's hourly wage. • Lost wages if the employee is unable to work for a period of time. • Vocational rehabilitation costs to retrain the employee for a different job when necessary. • Survivor benefits for the family members if the employee was killed on the job. This includes a specific amount for burial expenses. • Attorney's fees for workers to hire legal help when their claim is denied. The actual amounts vary in each state.
Some states allow the compensation benefits to be retroactive if the disability continues for a period of time. The maximum weekly payment and the length of benefits vary in each state. For example, in the State of Louisiana, the maximum weekly benefits cannot exceed $577 and benefits only continue for 520 weeks. Employees who are out of work for over one year can apply for Social Security Disability Insurance (SSDI) benefits.
Who Chooses the Physician?
Some states allow the employee to choose the physician that will be providing care and treatment for their injuries. Employers in other states may make the initial selection of the physician or the insurer may have established a medical provider network that the employee can choose from after a certain period of time. In the State of California, an employee who has notified the employer prior to becoming injured that they have their own personal physician has the right to be treated by their doctor.
Before Filing Your Claim
Most employers have a certain protocol that employees must follow when they become ill or get injured on the job. These are some things to remember before filing your claim:
• Immediately seek medical treatment for the injury. Start by obtaining help from the employer's medical personnel. • Go to the local hospital, clinic or emergency room for treatment. • Report the accident immediately to a supervisor or manager. • Make a report that details exactly what caused the accident. • Find other employees that may have witnessed the accident who can give an account about what happened. • Collect evidence that can prove the accident was not the employee's fault. • Take pictures of the dangerous conditions that existed when the injury occurred.
The employer's insurance may require the employee to file a claim within a short period of time after the incident occurred. Therefore, it is imperative to take action right away by documenting the claim immediately.
Why You Need a Workers Compensation Lawyer
Workplace accidents can have a severe impact on the employee's life when they are left with serious and debilitating injuries. They may end up being hospitalized for months after surgery or require long periods of rehabilitation. When an individual has been denied workers compensation benefits, they have the legal right to appeal the decision. Many insurance companies will appoint a Claims Resolution Specialist whose goal is to resolve the issues. Sometimes a claim may be resolved through arbitration and an Administrative Law Judge (ALJ) will be appointed to oversee the hearing. If the claim is still denied after this hearing, an attorney can file a lawsuit in the state's Circuit or District court.
Insurance For Early Retirees
0 comments:
Post a Comment