On an average
day, 153 healthcare workers, including Registered Nurses,
Licensed Practical Nurses, Certified Nurses Assistants,
and Home Health Care Aids, lose their lives as a result of
workplace injuries and illnesses, and another 15,600 are
injured. That is one workplace death or injury every
five seconds.
The Centers for Disease Control and Prevention has
estimated that healthcare workers in a medical environment
sustain numerous injuries annually. In 2002, 12.6% of
nurses and personal care attendants required some length
of leave from work due to occupational injury. 9.7% of
hospital workers sustained on-the-job injuries requiring
time off, job transfer, or duty restriction. Medical
workers and healthcare providers are among the highest
risk group for workplace injury, and are one of the
largest groups of claimants for workers' compensation
benefits.
If you are a medical professional who has been injured
during the course of performing your job, you are entitled
to receive workers’ compensation benefits. Whether you
suffer from physical, emotional, mental disabilities or
occupational-related disease, your employer-provided
insurance should provide financial support during your
convalescence. Workers’ Compensation benefits may include
lost wages, medical expenses, and vocational
rehabilitation costs. The amount that you receive depends
on factors such as your average weekly wage and your
degree of incapacitation.
The Workers’ Compensation system was designed to ensure
that employers, including hospitals and private medical
facilities, provide insurance to financially assist
employees who become injured or disabled on the job.
Employers who fail to insure are liable for both criminal
and civil offenses.
“No fault” insurance provides a portion of a worker’s pay
based on their weekly wages and state averages. Dependants
of employees killed in work-related accidents are also
eligible for benefits. In exchange for employer-provided
Workers’ Compensation “protection”, you sacrifice your
right to file suit against co-workers and employers for
negligence. However, you can file a civil suit against a
third party if your injury is the fault of someone other
than yourself, a coworker or your immediate employer. You
may be able to recoup not only medical expenses and wages,
you may also receive civil damages that include pain and
suffering, past/present/future lost income, medical bills
and other damages.
Employee supplemental benefits are determined by several
factors including your average weekly wage, state average
weekly wage, and your degree of disability. The following
are general guidelines under which you are eligible to
receive Workers’ Compensation:
-
Temporary total disability – 60% of average weekly
wage (AWW) prior to injury for up to 156 weeks.
-
Partial disability – 60% of the difference between
the AWW prior to injury and the weekly wage earning
capacity after injury. Maximum benefit period is 260
weeks, but may be extended to 520 weeks.
-
Permanent and total incapacity – payments equal 2/3
of AWW after temporary and partial payments have been
exhausted.
-
Death
benefits for dependents – widows or widowers who
remain unmarried shall receive 2/3 of the worker’s AWW,
but not more than the state’s AWW. Six dollars per week
will be provided for each child under 18. Burial
expenses are also available.
-
Subsequent injury – a previously injured employee
who has received compensation and has returned to work
for two months or more and is subsequently reinjured is
eligible to receive compensation.
The
Bureau of Labor Statistics consistently reports higher
than average workplace injury rates for healthcare
workers. The rate of injury incidents in some medical
sectors are twice the national average, including
hospitals and nursing care facilities. If you have been
injured at work, require medical care and have been unable
to earn your full wages for five or more days, you are
entitled to Workers’ Compensation payments.
Unfortunately, it is not always easy to obtain benefits.
There are several circumstances where it is particularly
important that you contact an attorney for assistance.
-
An employer
has denied that you were injured while on the job;
-
You have
been refused medical treatment;
-
You have
received a Notice of Denial from the insurance company;
-
Compensation
was promised but has not materialized,
-
You are
without income;
-
An employer
or insurance company has requested your deposition;
-
Your
employer does not carry compensation insurance;
-
A third
party has caused your accident.
Only experienced counsel can advise you of the appropriate
course of action to increase the probability of winning
your claim. Your attorney can also provide information on
the ways that claims can be settled including arbitration,
mediation, and collective bargaining.
Healthcare workers have legal rights to compensation
for work related injuries. A competent attorney will
develop a strategy to ensure the best results in your
claim. It is important to remember that if you retain
an attorney because you have been denied benefits or face
a change in benefits, that law states that the majority of
attorneys’ fees will be paid by the Workers’ Compensation
Insurer.
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