Oct 26, 2018 | Workers' Compensation
When it comes to worker’s comp, there are all kinds of reasons, and instances, that might have lead to your receiving benefits. From a fall, a hot pan, a broken platform, and even a work party? When you go to work events, and receive an injury, you might come to realize quickly that you’ve fallen into a gray area (no pun intended). After all, you were there because of work, maybe even in the office building— and you got hurt. So what’s the word on work parties and injury? Do I still receive benefits?
Work Events and Injury: Do I Still Receive Benefits?
Well, it depends on a few different things. Most importantly, the reason why you’re there. The first question you need to ask yourself is: do you have to go? Does your boss extend this invitation as an optional event, or does all staff have to make an appearance? This question will become the cornerstone on whether or not you can pursue a claim.
Furthermore, were you drinking at the time of the accident?
If you were able to answer ‘yes’ to the question of required attendance, the next question is about your alcohol intake. Just like with any worker’s comp claim, alcohol can undoubtedly get in the way of your receiving benefits. However, it’s still not impossible to receive those benefits, especially if alcohol was a part of the celebration that was supplied to you.
We see it all the time…
Someone is at a work event, having a good ol’ time mingling with coworkers, friends, and family. However, maybe you take a tumble down the stairs, cut your hand on a broken glass, or fall by the bathroom. When you receive these injuries, you’re likely hoping to have it covered in some capacity. After all, you wouldn’t be here if it wasn’t for the work event, and your requested (or required) attendance.
As we’ve said, this is absolutely a gray area of some sort. For this reason, if you face injury at one of your work events, reach out to an attorney! By speaking with a professional, you can decide what is the smartest path to take— or if you even have a case. A consultation is free, and it can tell you a lot about your potential case.
Oct 21, 2018 | Work Injuries, Workers' Compensation
Vocational rehabilitation is a form of worker’s comp. In short, this set of big words just means getting back into the work field. And that is what this form of worker’s comp does. When someone must stop working due to injury, this benefit helps them get back into the work field when the time comes.
Vocational Rehabilitation: How Does It Work
When you suffer from an injury at work, it is possible you will not be able to return to that same job. Whether your injury keeps you from preforming that job or the job is no longer available, you may not return. However, you will most likely need to work again. And in that case, that means you will need to find a new job. But sometimes that can be tough.
Therefore, worker’s comp offers vocational rehabilitation benefits. Under these benefits you can receive training for a new job. In the case that you want to change fields completely, these benefits also tuition reimbursement. By that standard, you may decide to go back to school and see a different area of work. In which case, these benefits will cover the cost of school.
Furthermore, you can still receive wage loss benefits during this time as well. So while you are receiving job training or going to school, benefits can also cover a portion of your previous wages.
How Long Does It Last?
These worker’s comp benefits can last for up to 2 years. Since transitioning back to work can be hard, these benefits help make the transition easier. Under these benefits, you can take the time you need to find a suitable new job. In addition, you can be sure that you prepare yourself either through training or education. Furthermore, these benefits take away the worry of finding a new job too quickly without feeling you can or want to do it.
In short, vocational rehab is a means of getting you back into a suitable position after a work injury. These benefits can come in the form of wages while you’re facing new job training, tuition reimbursement, and other mean that can allow for you to make the same amount of money, if not more, than you were making before the injury. Facing a work injury is difficult enough without the worry of making ends meet when it’s all said and done. For this very reason, vocational rehabilitation benefits exist.
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 27, 2018 | Workers' Compensation
Receiving head injuries due to a work-related accident is more common than you might think. In general, these injuries can consist of any damage to the brain, scalp, or skull. That includes concussions, skull fractures, and scalp wounds; each injury can vary in degree and lasting effects. For this reason, some head injuries can be hard to determine when it comes to the level of seriousness. Therefore, it is important to be aware head trauma symptoms to look out for if you happen to receive a head injury on the job. While it might feel minor at the time, these symptoms can be quite telling.
Receiving Head Injuries On-the-Job: What Symptoms to Look For
A headache. As one might guess, a headache can be one of the more common signs you are suffering from head trauma following an incident. In each case, the headache may range from mild to severe. But in either case, pay attention to how long it last. For the most part, an average headache may go away fairly quickly. It should not last into the next day. But having a long lasting headache may indicate you are suffering from some head trauma.
Nausea/spinning/ lightheaded. Another sign of head trauma can be nausea or lightheadedness. In this case, you may experience lightheadedness or spinning that brings about nausea. But in other cases, you may experience just one of these symptoms. In either case, you can also expect vomiting to accompany these feelings. Furthermore, these symptoms can be a strong indication that you are suffering from a head injury.
Ringing in the ears. One other sign of head trauma can be experiencing ringing in your ears. Since this is an odd symptom, it can help indicate that something is wrong. This ringing may be a constant beep or more like a buzz.
Recognizing the Symptoms
Recognizing the symptoms of trauma after receiving head injuries is vital to making sure you receive the proper treatment. No matter how you’e feeling after the incident, speak with your employer, file a report, and see a doctor. While a bump or bruise might feel minor, when it comes to your head— you want to make sure that you’re taken care of. Every work injury is worth reporting, but especially one that could become potentially very dangerous if left untreated.
