Nov 16, 2018 | Work Injuries, Workers' Compensation
When it comes to our loved ones, we never want to see them in pain. Furthermore, when facing a work injury, you’ll often notice your loved ones feeling down, depressed, and feeling discouraged by the recovery process. Depending on the injury at the hand, recovery can take months. Those months can feel long and lonely, especially when you spend them mainly on your own. So, what can you do, as a loved one, to show support post-work injury? You’re willing to do anything to help, but it can often be difficult to know where to start…
How-To Show Support Post-Work Injury: Supporting Loved Ones
Spend Time Together
The one thing many people facing work injury will deal with is isolation. This is no one’s fault. After all, most everyone is going about business as usual. However, when you lose the routine of your daily life, and you’re going at it alone, depression can set in. So, take some time out to spend time with your loved one. The absolute best way to show support post-work injury, is to simply give your time and company.
Let them vent
There are a lot of feelings that come along with an injury of any kind, but especially one that alters your way of life. So, be there to listen. This person is likely feeling frustration, discouragement, fear, anger, and many many other emotions. The best thing you can do for them is listen and let them vent it out. There is nothing more therapeutic than to get it all out there, and have someone allow you to. It’s not that you need to say anything in particular, or fix the situation. Being there, listening, and being a shoulder to lean on is almost always enough.
Be there for them, but make yourself a priority to
You can do plenty to help the people you love, but self-care is also extremely important. Maybe you’re taking them to appointments, making meals, cleaning the house, and doing every single thing you can. But, sometimes you find that you’re irritated, short-tempered, and tired. So, take some time to yourself as well. You want to help, and you’re doing a great deal. But, your life and well-being is also a priority. Don’t cause yourself pain, or even an injury, by overexerting yourself. Your loved one will understand if you need to go home, take a shower, or catch up on homework, or so forth.
Oct 26, 2018 | Work Injuries, Workers' Compensation
Worker’s compensation benefits come in many different forms and fashions. After all, there are many different stages to recovering from an injury, and getting back on your feet. You have initial recovery, rehabilitation, and getting back to work if you can. When getting back to work, it might be difficult, or impossible, to resume the exact position you help before. For this reason, reduced earnings benefits are a huge relief for injured workers that are getting back to it. But how do they work?
Reduced Earnings Benefits: Understanding Worker’s Comp
You’ll eventually return to work after an accident. When you do, it might take time to get back to your old work duties. Or, you might be confined to light duty return. At this time, you might find that the position you’re holding doesn’t pay quite as much as what you had before. When you face this issue, reduced earnings benefits can come in and compensate for that difference in wage. By introducing this amount, you will be able to maintain your lifestyle, get back to work comfortably, and return to your way of life.
A Stress-Reliever
The biggest thing that reduced earnings benefits do for you is provide a peace of mind. An injured worker can come back into the workplace and not worry about their ability to hit the ground running. These benefits can be very helpful in the difficult time following an accident. While this time can be painful and there can be many stressors, money does not need to be one of them. Therefore, these benefits can make for a less stressful transition. Without having to worry about a loss of wages, you can return to work, find your footing once again, and work your way back to full capacity.
Every injured worker’s journey is a little bit different, and their way back to work is no small feat. By providing these benefits, every worker has the chance to come back to work when the time is right, and move forward.
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 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.
