Workers'
Compensation is an insurance system that partially
replaces wages and pays related medical expenses if
workers can prove they were injured on the job or develop
a work-related illness. As with any other group, injured
health care workers have the right to obtain fair
treatment, monetary compensation, medical care and other
benefits available during a period of financial and
emotional distress.
An occupational (work-related) injury is any injury
which results from a work accident or from a single
instantaneous exposure in the work environment. Musculo-skeletal
injuries often happen over time and should be reported as
soon as you become aware of pain or discomfort.
An occupational (work-related) illness is any
abnormal condition or disorder, other than one resulting
from an occupational injury, caused by exposure to
environmental factors associated with employment. It
includes acute and chronic illnesses or diseases which
maybe caused by inhalation, absorption, ingestion, direct
contact or repeated trauma.
Health care workers are at a high risk for exposure to
certain types of allergens, irritants and injuries. Here
are some of the most common types of work-related injuries
and illnesses among health care workers, caused or
aggravated directly or indirectly by the places and/or the
conditions of employment:
- Back and
neck strains
-
Needlestick injuries
- Natural
rubber latex allergies
-
Occupational asthma
-
Dermatitis
- Chemical
exposure
- Chemical
sensitivity
If you are
a health care worker and experience a job-related injury
or illness, you are entitled to receive workers’
compensation benefits. No matter the type of illness or
injury, 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
workers receive depends on factors such as average weekly
wages and degree of incapacitation.
In Massachusetts, the Workers’ Compensation system was
designed to ensure that employers provide insurance to
financially assist employees who become injured or
disabled on the job. It is the responsibility of all
private sector employers to purchase workers’ compensation
insurance for every employee. This coverage must begin
from a worker’s first day on the job (except for seasonal,
casual and part-time domestic workers). Employers who fail
to insure are liable for both criminal and civil offenses.
For a limited number of weeks, this “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. For example,
negligence would be a defective product that contributed
to your injury, or if you were hurt in a vehicle accident
while on the job. In these cases, 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.
Occupational illnesses and injuries present unique
problems related to treatment, record keeping and
confidentiality issues. You may need to consult with a
physician or healthcare provider who is specially trained
in occupational medicine or occupational health nursing. A
consultation with and representation by an attorney
specializing in employment law should be considered when:
- You
anticipate losing time from work and will lose wages.
- You feel
your interests are not being served by your employer.
- Your
employer becomes adversarial to your needs for your
health, your financial condition, your medical care, or
your job security.
Dealing
with the workers' compensation system can be very
stressful. You have to deal with the stress of your
injury as well as the hassle of dealing with an
insurance company, your employer and medical providers.
You are probably worried about whether you will receive
your benefits and whether you are protecting your
rights. You may be having difficulties supporting
yourself or your family because of your injury.
Contacting the right lawyer can help you address these
issues in the way that is best for you.
Contact
an experienced Workers Compensation attorney now!
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