In a typical year, more than six million work-related injuries and illnesses occur in the United States. To be covered by workers' compensation, an injury need not be caused by a sudden accident as in a fall. Equally common are claims for injuries due to repeated use of the body and a hernia falls into this category. If repeated stress and strain on the job has caused a hernia, you may be eligible for workers' compensation benefits. This will include payment for all medical expenses, and possibly temporary disability payments. The legal boundary is that employees are protected by workers' comp as long as they are "in the course of employment" when the injury occurs or if the employment situation aggravates a condition. Contact an attorney familiar with workers' compensation law for more details.
Neck and back injuries can be permanent. If an employee experiences an injury while on the job, he or she is entitled to workers compensation benefits. A physician must determine the nature of the medical disability and how it effects the injured workers ability to compete on the open labor market. The neck or back injury must be described in terms of the disabling effects of pain, or by referring to the loss of work function and capacity. Spine and torso disabilities can also be described in terms of loss for a group of functions which include such activities as bending, stooping, lifting, pushing and climbing. After the employee's condition stabilizes, and it becomes apparent he or she has reached maximum medical improvement, a report should be filed with the insurance company. A rating specialist then interprets the information and gives the disability a numeric representation. A decision on disability benefits will be made on the basis of this rating. Consult an attorney who is knowledgeable in workers compensation law, if you have a disability claim.
The workers' compensation system provides replacement income and medical expenses to employees who are injured or become ill as a result of their jobs. Financial aid may also extend to the families of injured workers and to survivors of workers who are killed on the job. Workers' compensation also protects employers from lawsuits for those injuries or deaths. The benefits paid are usually modest amounts. The system is financed by insurance premiums paid by employers. In some states, employers are allowed to self-insure. This means the employer will be responsible for paying all claims. The workers compensation system is national, but it is regulated and administered by individual states. The laws and court decisions follow a pattern nationwide, but vary significantly from state to state on eligibility, benefits and the proper process for filing claims.
State compensation laws generally define a work-related injury to include any injury sustained while on the job and this includes errand duties. If you are injured in an automobile accident while working, you may be entitled to workers compensation benefits. It's acceptable to file a claim even if you were at fault in the accident. According to the law employees are entitled to emergency medical care at the expense of the employer. However, if you were not at fault, you may have a separate personal injury claim against the negligent driver of the other vehicle. The rights and benefits covered under state laws and workers compensation laws differ. It's a good idea to use the same attorney or law firm if you are filing multiple claims. This is a more efficient use of the legal system and will inevitably offer a more satisfying outcome for each of your claims.
Illnesses that are the gradual result of work conditions, for example stress-related digestive problems, are increasingly recognized by the courts as covered by workers' compensation insurance. The medical profession acknowledges the great impact job-related stress can have on a worker's general health. In fact, stress is the cause of nearly two-thirds of all visits to a physician. Stress also plays a major factor in heart disease and cancer. At this time, only about half the states recognize stress as a valid basis for workers' compensation claims. But in every state, if you have the proper medical documentation to show that stress disabled you from doing your job, employers must accommodate your working conditions to help you. Employers may choose to reduce work hours or provide a quieter atmosphere or work on a schedule that allows for job sharing.
Employees who sustain traumatic injuries while working are entitled to emergency medical care at the expense of the employer. If you are injured on the job, your medical expenses, including ambulance, emergency room care and subsequent hospitalization, should be covered by workers compensation insurance carried by your employer. State laws generally define a work-related injury to include any injury that occurs while you are actually on the premises or doing any duty for the benefit of your employer. This also includes certain errand duties, if done at the request of, or for the benefit of, your employer. Injuries that occur during an automobile accident while you are on the job would be covered by workers compensation insurance. Some states insist certain requirements be met in order for emergency care to be paid for by workers compensation. Check with an attorney knowledgeable in the laws dealing with workers compensation, if you have sustained major injuries in a work-related accident.
To be covered by workers' compensation, an injury need not be caused by a sudden accident as in a fall. Equally common are claims for injuries due to repeated use of the body or exposure to unsanitary or poor working conditions. If exposure to chemicals on the job has aggravated an already existing condition or caused a new problem with your health you may be eligible for workers' compensation benefits. This will include payment for all medical expenses, and possibly temporary or permanent disability payments. The legal boundary is that employees are protected by workers' comp as long as they are "in the course of employment" when the injury occurs or if the employment situation aggravates a condition. Contact an attorney familiar with workers' compensation law for more details.
Congress passed the Americans with Disabilities Act in 1992. This law protects people with mental or physical impairments which limit their ability to perform one or more major life activities, such as walking, seeing, hearing or doing everyday chores. The Americans with Disabilities Act and your state workers compensation laws may differ in requirements for bringing an action to court. For example, the federal act protects those with disabilities against discrimination in employment, public transit, and public accommodations. In contrast, most state law provides monetary compensation for medical expenses or to replace lost wages due to injury or illness suffered in the workplace. Whether an injury was suffered in the course of your employment or due to discrimination against your disability would need to be determined to see which law applies to your case. An attorney experienced in workers compensation law will be able to answer all your questions about claims.
If you are injured in an automobile accident while working, you may be entitled to workers compensation benefits. It's acceptable to file a claim even if you were at fault in the accident. According to the law employees are entitled to emergency medical care at the expense of the employer. Reasonable and necessary medical expenses after an automobile accident might include an ambulance, emergency room care, surgical treatment, hospital care, follow-up visits, and rehabilitation, if needed. In an emergency situation involving a work-related auto accident, all medical care should be paid for or reimbursed by the employer. However, you should consult with an attorney who is familiar with workers compensation law before incurring other medical expenses.
You must get immediate medical care if your work-related injury requires it. You must then inform your employer of your injury within 30 days. Most states have short statutes of limitations on compensation cases; they're usually one year. You must report this claim within the time limit or the claim will be lost forever. After your claim has been processed, all the medical care pertaining to your illness or injury will be paid for and there is no limitation on this coverage. If you are unable to work but will eventually recover from your injury or illness and return to work, you're entitled to disability payments to make up for lost wages. In most states, the lost wages benefits start as soon as the worker has lost a few days of work. The exact number of days varies from state to state.
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