Oct 19, 2018 | Work Injuries, Workers' Compensation
Disability discrimination can appear in a few different forms. Maybe you’re being treated differently in the workplace after an incident, maybe you didn’t receive the job due to your disability, or you’re being passed up for promotions and raises. No matter the form or fashion, disability discrimination is a large problem within our workforce, and it’s one that can face legal ramifications. If you suspect that you’re the subject of this type of discrimination, reach out to an attorney, and the ADA, today. But first, you might want to know what it looks like…
Disability Discrimination: Am I a Victim?
Defining Discrimination
Before we dive into the specifics of disability discrimination, we must first explore what discrimination is. Discrimination, by definition, is receiving different treatment than people around you, due to a handicap of some sort.. To put it simply, others may deny access in some way due to their view of your ability. This treatment can be harmful to you and the workplace.
How does it hinder my employment?
Disability discrimination may appear during the hiring process, or even after a work injury. You might have the same qualification, and able to complete the necessary work duties. However, you notice that you didn’t receive the same benefit, or second interview. Furthermore, you might notice employers asking unnecessary questions about your condition, or questioning your ability to perform work functions.
On the flip side, say you faced a work injury earlier this year. You are healing nicely, and back to work now. However, you notice that you are no longer up for a raise, promotions, or opportunity that you were before. If you feel that you’re missing out within your current workplace, or in others, it can be enraging to say the least. You know that you are capable of working hard, and in the same settings as your coworkers. So, you might be wondering what you can do about it? You want to receive equal opportunity, and be treated as a capable member of the team. But, that’s just not happening at the moment.
What can I do to change this?
Start by explaining your rights to the employer. The ADA is alive an well, and they are here to directly assist in situations such as these. Explain that you have certain rights, and your abilities should allow for you to be in the running for any promotion, career, or pay increase that your fellow employees have.
If you have taken this step with your employer, or a potential employer, and they still are not giving you equal access— file an internal complaint. The benefits of filing an internal complaint, is that it gives the employer a chance to see that you’re very serious. Not to mention, you also give them a chance to correct the issue. Instead of taking them to court straight off the bat, it gives them a chance to adjust their thinking and make the right choice.
If neither of these tactics work, it’s time to file a suit against the employer. You didn’t want to take this route. But, it has become the only chance you have to get your point across, and be treated fairly. You’ll want to file your suit with the federal Equal Employment Opportunity Commission (EEOC), or your state’s agency. Then, you’ll want to find a lawyer to take on your case. From there, the EEOC and your attorney will help you move forward in the best way possible.
Every case is different, but discrimination is not something to overlook. You, just like every other citizen, deserve the chance to work hard, and advance your career. For this reason, the ADA has put protections in place.
Oct 4, 2018 | Work Injuries, Workers' Compensation
Our last post was about worker’s comp claim denial as well. However, there are plenty more reasons as to why a worker’s comp claim faces denial. So, we’re going to list out a few more reasons why your claim can face denial…
Worker’s Comp Claim Denial Reasons, Part II
Not filing paperwork on time
One simple reason that leads to a lot of rejected claims, is not submitting the paperwork in a timely fashion. Keep in mind that employers, and their insurance companies do not want to pay out worker’s comp claims. For this reason, it’s important that you hit your marks when it comes to following the guidelines set forth for you. Make sure you adhere to deadlines carefully.
Your injury is the result of horseplay
If your injury was a result of doing something outside of your job description, rather— if your injury was a result of doing something you shouldn’t have, it’s easy to lose out on those benefits. Worker’s comp claims are there to care for the worker’s who were performing necessary duties, and are hurt as a result.
Your injury is from a pre-existing condition
One common reason for worker’s comp claim denial, are pre-existing conditions. Your employer is not responsible for a back injury you did not sustain while working. However, if your injury is worse due to the job? You’re the exception to the rule. However, these injuries can be difficult to prove sometimes. Furthermore, your employer might try to prove that your condition is naturally progressing, rather than made worse by the requirements of your job. This is one of those difficult gray areas to deal with in worker’s comp, and might increase your need for an attorney.
Speaking with Your Attorney
The thing to be aware of, is that every claim does not require an attorney. If your injury was minimal, will be dealt with quickly and properly, and your employer is being cooperative— you’re likely just fine going without. However, when injuries get serious, or your employer begins to refute their responsibility, it’s best to seek out representation quickly.
Oct 3, 2018 | Work Injuries, Workers' Compensation
When, or if, the time comes for you too file a worker’s compensation claim, you’re undeniably expecting that your company will take care of you with no problem. However, unfortunately, there are many, many cases of denied worker’s compensation across the nation. If you find yourself in this scenario, there are a few common reasons that likely could have affected your case. So, we’re going to explain a few of those common problems with comp claims…
Denied Worker’s Compensation: What’s Stopping your Benefits?
Notifying your employer on time
One potential reason for your denied worker’s compensation, could be the timeline in which you did so. Carrying out an investigation into the accident is often time-sensitive, as is proving your injury. Therefore, if you come back some time after an accident and say you hurt your back on the job, it can be difficult to prove that the accident occurred at work. In short, there are quite a few arguments you can pose when it comes to a late claim.
You were under the influence
Another instance of claim denial can occur if you were under the influence at the time of the accident. Your employer has the right to drug test you when you visit the doctor following an injury. Not all employers will require this, but it is quite common. Therefore, if that testing shows that you were under the influence, it can be easy to blame your accident on that impairment.
Seeing an approved medical provider
If you have a work-related injury, your employer will likely give you a list of approved doctors to choose from. If you do not follow that list, your claim could potentially be denied as well. Not to mention, if you choose an outside doctor, you’ll be paying out of pocket. Therefore, it’s best that you follow their requests to make sure you’re not paying for a work injury out of pocket.
Seeing no medical provider
While choosing a doctor outside of the options given can be a problem for claims, not going at all can be even more damning. If you don’t see a doctor about your injury, the insurance company may accuse you of faking the injury to receive benefits. Having supporting medical documents is vital to making sure your case is solid, and irrefutable.
Sep 28, 2018 | Drugs, Work Injuries
After suffering an injury, it’s not uncommon that the doctor will prescribe some sort of medication to ease the pain, and aid your healing. The doctor prescribes these to you as a means of helping your injuries. However, they can also cause problems if there is improper use. Maybe you didn’t read the label closely enough; maybe you were left to care for yourself. Or, maybe, you deliberately took more mediation than you should have. No matter the reason, suffering an overdose comes with a set of symptoms. While you might recognize them in yourself, it’s not uncommon that someone else will stumble upon the situation and take control. In that instance, it’s important that the person who comes to your aid is able to recognize overdose symptoms.
Recognizing Overdose Symptoms
Know What Medications They Are Taking
First things first, you’ll need to be aware of what kind of medication this person is taking. By having this knowledge, you can 1) help to prevent an overdose, or in the event of overdose, you can 2) identify the medication to emergency services. Being able to relay what medications they have in their system can make a large difference in the ability of those EMS to treat the victim. Furthermore, by knowing the medications they take, you can share that detail with EMS. By being aware of different medications, you or the medical team can determine how they may interact with one another.
Common symptoms of overdose:
In most overdoses, the signs are quite obvious. For instance, loss of consciousness, unresponsiveness, vomiting, or blue lips. However, there are plenty more signs that are subtle in comparison.
Pupils
Of the more subtle overdose symptoms, constricted pupils are quite common. In most cases, drugs will dilate pupils and make them appear larger. However, when it comes to pain medication, pupils tend to become very small. So, if you’re struggling to determine what medication they might have overdosed on, their pupils are a good place to check.
Breathing
One of the more difficult to determine, is slowed breathing. While pupils can be easy to check if you think to do so, slowed breathing might not even cross your mind. When suffering an overdose, your breathing is one of the first things to change. Your heart rate slows, as does breathing, when drugs kick in. In some cases, the breathing can become so slow that it stops. Therefore, it’s important to check the person’s pulse and listen for their breathing.
Hot, cold, clammy, nauseous….
Among other overdose symptoms, are to become cold, clammy, drowsy, nauseous, to vomit, or become very hot as well. As you can see, there is a large range in symptoms when it comes to overdose, depending on the medication. If you suspect that someone you know, or even yourself, to be in the process of an overdose— call emergency services immediately. While an overdose can be deadly, you can also counteract it quite quickly if put into the right hands.
Aug 17, 2018 | Work Injuries
When it comes to a workplace injury, there are two separate categories that all injuries fall into: temporary or permanent disability. Obviously, the terms are quite indicative of what falls into each category. However, there are some key differences that you might want to understand as you begin to move forward with your worker’s compensation claim. Depending on your injury, your benefits will differ quite a bit…
Temporary or Permanent Disability: What’s The Difference?
Temporary disability
In this group, a person may experience an accident at work. Due to this injury, the person may not be able to go to work or fulfill duties of the job for a period of time. During this period, the employee can apply for temporary disability benefits. These benefits can provide the injured party with an income to make up for the loss of wages at work. These wages normally consist of about 2/3 of that employer’s weekly salary. There are both minimum and maximums to the amount of wages the benefits will match. However, at some point this employee will go back to working. Therein lies the difference between these two groups.
Permanent disability
Unlike the first group, permanent disability means an employee will not be able to return to work at all. In that case, this person will no longer be able to earn that income. Therefore, this employee may be able to receive a payment for this loss of wages. And the amount of the payment will depend on how severe the injury is. If the injury presents a larger limitation for that person, they will receive a larger payment. In addition, the amount may also depend on the age of the employee and the salary they were making at he time of the accident.
Knowing Your Benefits and Rights
No matter which group you may fall into, it is important to be familiar with the benefits that belong to you. If you’ve faced a workplace injury, it should not be your responsibility to cover the costs. When you are hurt on the job, you have certain rights that you might not understand. That’s where we come in…
