Mar 21, 2018 | Workers' Compensation
If you’re an employer who is currently dealing with a worker’s compensation claim, you’re likely trying to figure out where to go from here. When do they come back? How do I fulfill the job requirements without filling the position? What can I do to help the injured employee? There are plenty of considerations that go into worker’s compensation on all ends. One consideration for employers might be that of light-duty return for injured employees.
Think about it. You are fulfilling a need for work to get done, as well as helping that employee get back into the workspace. Not to mention, you’re showing them that you haven’t forgotten about their usefulness. Being out of work can have a lot of rippling effects for everyone, and this is one way to combat that.
The benefits of light-duty return for injured workers
The benefits range for each party involved. In short, the benefits for the employer are great, and the benefits are also great for the employee. But, they are most definitely not the same.
Benefits for the employer:
You’re fulfilling a need! Chances are, there are plenty of things that need to get done which are often overlooked. From answering telephones, doing inventory, labeling packages, training new employees… there might be small jobs all over the office that get put off all the time. By giving the employee the option to return on light-duty and fulfill these needs, you are doing them a great service as well as yourself. Light-duty return is effective, helpful, and it fulfills a need for both parties.
Benefits for the employee:
Let’s face it: being out of work can be extremely tough for most. You’re facing injury, isolation, boredom, and you’re not making as much money as you were before. For a lot of people, this can lead to depression, PTSD, or any number of additional issues to your injury. Coming back to work in some capacity has plenty of advantages. You’re engaging with the work environment, you have involvement with co-workers again, and you’re getting up and moving. If returning to work on light-duty is conducive to the doctors orders, it might also help you heal a little quicker because you’re getting it going a little bit. Ultimately, your mental health and recovery is of upmost concern after injury. Therefore, taking this route might be just the kick you need to remind you of what you have to go back to, and how useful you are.
Ultimately, it takes two interested parties to make this work
You have to be a quality employer with an interest in your employee’s well-being and mental health to go this route. Many employers don’t take the time to think of creative solutions for their injured employers. For too many, it’s out of sight out of mind when it comes to work. But, if you can take the time to engage with those employees, and offer them this opportunity— you might find that it’s mutually beneficial.
Mar 16, 2018 | Workers' Compensation
If you’ve been involved with an work accident that could potentially lead to a worker’s compensation claim, it’s important that you get checked out. Say, you slip and fall on some grease in the warehouse. Maybe you’re feeling alright right now, but you bumped your head pretty hard. You might feel like you can skip out on seeing a doctor, but we’re going to explain to you why you shouldn’t. No one wants their worker’s compensation claim to be denied. But, the fact of the matter is, sometimes they are. So, here’s why seeing a doctor after a work accident can be beneficial to you in the long run.
Seeing a doctor after a work accident: how doing so can save your potential claim
Getting checked out after a work accident is pretty beneficial in a number of ways. You’re learning about the potential side effects of your injury, the severity of it, but also— you’re doing another very important thing. That very important thing is ‘creating a record’. By seeing a doctor, they are creating a record of the injury, when it happened, and the severity of it. While you might not think you need to put in a claim and take some time off right now, after a day or two of taking care of the injury— you might change your mind.
Creating a record of the injury
When you see a doctor, they’ll be able to suggest a treatment plan. Before seeing them, you might have thought a good night of sleep and a bit of ice can do the trick. But, say you have a concussion, or whiplash, or a sprain. Those types of injuries might require a chiropractor, a follow-up visit, medications, or physical therapy. The good thing about a worker’s compensation claim is that it covers all of those things. Any injury that requires medical intervention is typically costly. If you were the victim of a work accident— you should not be liable for paying for treatment.
But, that’s starts with seeing a doctor and creating that record
Maybe you want to take a week; sit on the potential claim and decide if that’s the route you want to take. This is ultimately only a viable options when you have that record from the day of the doctor’s visit. Worker’s compensation claims can be seamless, or they can come with difficulties. Ultimately, it all depends on how timely you are. We wish you luck in dealing with your worker’s compensation claim and injury.
Mar 12, 2018 | Workers' Compensation
If you’re dealing with an injury you’ve gotten from work, submitting a claim might be your natural next step. However, if you’ve cut your pinky a tiny bit and are considering a claim— you might want to hold off. Worker’s compensation claims are tricky. Not to mention, they can cost a company tons of money. Therefore, if a company can find their way out of paying a claim by any means necessary— it is not uncommon that they will do it. Ultimately, submitting the right claim instead of submitting every possible claim could lead to a more seamless process, quicker compensation, and a few less sour tastes left in your employer’s mouth. If you’re facing a serious injury— seek help. But, if treatment is not necessary, weigh your options.
Submitting the Right Claim: Why Every Claim is Not the Right One
Submitting Multiple Claims In A Short Period Could Raise Suspicion
Whether your claim is entirely true or not— submitting multiple can start to raise suspicion amongst your employers and the workers compensation department. You’ve heard the term ‘crying wolf’ before. Eventually, those townspeople stopped believing it when he called. They doubted the sincerity because of the frequency. Workers compensation claims can go a bit like that too.
If you put in a claim last week for a cut, a claim three weeks before that for bumping your head, and then another for a sprained ankle— chances are, they’ll begin to try and find ways out of paying out. While your sprained ankle is serious, and might require doctoral intervention— those other two might have just needed ice, a band aid, a little time. The key here, is to submit the right claim. This means, the claim that truly requires intervention— should be the only one you’re submitting.
Remember, While It Is Not Ideal— You Have Up to 30 Days
Maybe that bump on the head is making you feel a bit iffy on whether you should see a doctor. But, you don’t want to file a claim until you’re sure— so, make sure you’re covered. Find the person that witnessed the accident, make your boss aware of what happened, and if it comes down to it— see a doctor as soon as possible. The longer you wait, the more difficult it can be. The key is to make sure you’ve done everything you need to do beforehand if you’re on the fence. Just remember that the further you get into those thirty days— the more trouble you might have being compensated.
No Matter What Route You Follow, It Does Not Hurt to Speak with a Workers Compensation Lawyer
Lawyers will often offer free legal advice over the phone. We are happy to do so when it comes to workers compensation claims. Speaking with a seasoned lawyer if you’re either considering a claim, or have just submitted— will help you understand the next step and the potential of your claim. You might not end up needing a lawyer to intervene— but it does help to know what your options are. We wish you luck in submitting and handling your claim.
Feb 19, 2018 | Workers' Compensation
If you live in a legal state, you might think that passing a work-related drug test for legal cannabis might be a thing of the past. But, recent reports have shown that this might not be the case when it comes to workers compensation. Say you live in California, are a recreational or medicinal cannabis user, and you end up getting hurt. Whether it be a fall, a broken bone, or even just a sprain— you put in a workers compensation claim just like anyone else. But, your cannabis use can be a big problem when it comes down to it. But how does that work? And how can a state that legalizes marijuana, also deny claims for those who use it?
Legal Cannabis and Workers Compensation
The number of cannabis users in legal states increases every day. It’s a medicine, it’s a fun-substance, and it’s part of many peoples daily lives. In turn, it is also typically still in the system of someone who actively uses it. This can be a big problem when it comes down to taking that drug test that comes along with a workers compensation claim.
The problem with workers compensation drug tests
Anyone who actively consumes marijuana knows that it doesn’t leave your system in a flash. Ultimately, cannabis can still be present in your system for weeks or months. So, taking drug test after a workers comp claim can be big trouble for someone, even if they weren’t under the influence at the time. It could even be a problem for someone that hasn’t used it in weeks.
But, how does this work in a legal state?
When it comes to matters of workers compensation claims, federal law presides over state law. So, even if recreational cannabis is legal— federally, you are still in the wrong. Just as dispensaries have problems with putting money into banks (a federal system), workers compensation claims still answer to federal regulation. So, until those laws update, if they do, your claims are still liable to be denied.
A potential solution
The biggest problem with legal cannabis and workers compensation, is the lag when it comes to that drug test. Ultimately, a worker can lose the right to being treated for a work related injury even if they haven’t used cannabis in weeks. Legal cannabis, like alcohol, is something that is allowed by the state and should not be subject to work-related penalty if it isn’t interfering with work. So, what about a short-time drug test? A saliva test measures the last few days. Therefore, it would be able to better tell if the worker was under the influence.
Ultimately, a proper decision must be and legal cannabis should only interfere with work in the same way alcohol would. If you use it at work, you’re subject to termination or penalty. But, in a state that legalized recreational usage— recreational usage, should not interfere with the workplace.
Feb 15, 2018 | Workers' Compensation
Workers comp claims are pretty big hassle. From making sure it’s accepted, to getting healed, to making sure your job is secure through the entire process… it can cause a lot of stress for everyone involved. The best way to avoid the process? Is to avoid the injury when possible, but also file as soon as possible. Learning how to protect yourself and avoid injury within the workplace starts with knowing what to watch out for. So, following— you will find a list of the most common workplace injuries that ultimately end in workers comp claims, as well as how to avoid them.
Common Workplace Injuries: Avoiding Workers Comp Claims
Pulled Muscles, Sprains, Strains, and Tears
Some of the most common workplace injuries, are those ones that you just say ‘ouch’ to and keep on going. They are often overlooked, especially at first. You might not have great posture, and there was a tweak when you went a certain way. With a little time, that tweak, turns into a full on pain. From there, you’re a week out from the initial injury and you have to file a claim. The problem with filing a claim later on down the line, is that they are ‘more questionable’ in the eyes of those handling the claim.
While your injury is real, it’s just a little tougher to prove. So, what do we suggest? While it might sound silly, remind yourself to maintain good posture, stretch before bed, and be aware of what you’re lifting when you do. Avoiding stress on your body starts with preparing it ahead of time for the possibility of injury.
Slips and Falls
Obviously, the most common of all injuries in the workplace— are slips and falls. It’s easy to do in any work setting. Someone could spill something, drop something, and next thing you know— your feet are up in the air. Falling at work can be embarrassing. Because of this, many people will laugh off and move on from quickly. But, a simple fall can cause a concussion, back problems, or even a serious break. Just like a muscle problem— it is not uncommon that you will discover your symptoms on a delay. The main difference is that a fall is typically more public. In turn, it will likely be better documented for when you file a claim.
But, to avoid a claim, we suggest investing in non-slip footwear. They are not always effective, as in any workplace, occasional ‘freak accident’ might occur. But, your chances of avoiding a fall are much more likely if you have invested in the proper gear to keep yourself safe. On the companies side, we suggest making sure every staff member follows through on the proper protocol when it comes to a spill. Make sure your employees know the protocol in the event of a spill, or accident. The best way to prevent workplace injuries, is to know the reasons that they happen. As well as what you can do to protect yourself.
Feb 13, 2018 | Workers' Compensation
The Opioid Crisis is running rampant these days, and typically, it all stems from an initial injury. Someone is hurt, they receive a prescription, and the rest is predictable. This is not to say that everyone will do so, but the likelihood of it— is harrowing. So, you can see how this might become an issue for those who get hurt on the job. They fell, or something fell on them, or the likes. Next thing you know, they’re in a cast and they’re out of work. The inevitable next step is a prescription to numb the pain. While you might not think so, addiction to prescription medication after an injury, is quite likely. So, how do you prevent this problem from occurring? And is the employer liable for an injured workers becoming dependent?
The Opioid Crisis and Workers Compensation: Getting Hurt and Getting Hooked
There was a case in 2007 where a man who worked for a landscaping company, became injured. He was treating the injury for 5 years with pain medication, until one day, someone discovers him dead in his own bed. To make matters worse, there was fentanyl in his hand. Now, you might read that and think simply— he was facing an injury and so it goes, addiction. What follows is entirely his fault. But, after some trial and, ultimately, a higher court ruling— the company was liable to pay death benefits to his family under workers compensation.
Through further investigation, they found that the man had first been denied further medication. But, he was able to obtain it anyway through a separate doctor. This begs the question of, how far does workers comp liability go? The man was supposed to be denied medication. But he did still obtained it legally and within his workers comp benefits. So, how liable is the employer?
The ultimate court decision eventually says this: if the drugs or treatment are ‘necessary and reasonable’, and they are also available through workers comp benefits, and the person dies as a result of this— the employer is responsible for paying those death benefits.
No matter who’s at fault, the problem is preventable
The risk is high when it comes to dependency. The opioid crisis is more present than ever. But, there are plenty of things you can do as an individual to make sure you aren’t part of the statistic. If you have any sort of injury and need something to dull the pain, by all means. But, from the start, it is important to understand the risks and how to ward off addiction. If you’re hurting, take the medication. But, if the pain is manageable and you can work with it— consider holding off. Developing a dependency starts with taking medication when you don’t fully need it. Pain is temporary, and human, and you are stronger than it.
