Timeline for a Workers’ Compensation Claim To Be Completed

If you have been injured on the job, a workers’ compensation claim is important to ensuring that your medical expenses are covered, and that your family remains financially stable. Of course, this process takes time, which can add to your already stressful situation. To help, here is a breakdown of the timeline for most workers’ compensation claims.

Timeline a Workers’ Compensation Claim Takes to Complete

  • Immediately: Immediately after an injury, you should do the following:
    • Seek medical attention (keep all records)
    • Notify your employer
    • Complete a form C-3
  • Within 14 Days: Within 14 days of reporting your accident, the following should have occurred:
    • Your doctor completed a C-4 form (sent to employer and insurance companies)
    • Insurance company sends notification of rights
    • Insurance adjuster or other applicable party investigates the claim
    • Notice of acceptance or denial sent
  • Within 30 Days: Within 30 days of filing a workers’ compensation claim, you should have received an acceptance or denial notification. The following may also apply:
    • Insurance company requests an extension for investigation
    • Some states allow 30 days for decisions, rather than 14.
  • 30 to 60 Days: If your claim was denied or disputed, you have a certain period of time to take further action. This includes:
    • For denials, you have 30 days to file an appeal requesting a hearing
    • A hearing date must be set within 30 days of the request
    • The hearing officer generally has 15 days to make a decision.

Remember that there are some factors that can impact the timeline of your claim, such as state laws, your employer, your injury and its severity, and more. For more detailed and individualized information, contact a workers’ compensation attorney to discuss your case.

Common Injuries in the Aviation Industry

Working in the aviation industry often seems like a dream job. Pilots and flight attendants get to travel and enjoy lucrative incomes. But these are only two of the many roles that make up the aviation industry, and below the surface, even these glamorized positions are not without risk.

How Dangerous is the Aviation Industry?

According to the U.S. Bureau of Labor Statistics (BLS), the percentage of injuries and illness in the aviation industry has spiked higher than the construction, mining, and agriculture industries. In 2016, there were a reported 6.7 nonfatal injuries per 100 workers in the aviation industry. That accounted for over twice the rate of workers among all private industries, which was 2.9 cases per 100 workers.

The BLS lists occupational injuries and illnesses that required time away from work as the following (per 10,000 full time workers):

  • Cargo and freight – 746.9
  • Flight attendants – 515.3
  • Mechanics and service technicians – 186.3
  • Clerks, reservation agents, and ticket sales – 145.2
  • Pilots, copilots, and engineers – 39.3

Common Injuries in the Aviation Industry

Some of the most common injuries occurring in the aviation industry include:

  • Spinal cord injuries – Caused by lifting baggage and reaching overhead.
  • Neck or shoulder injuries – Caused by jarring, turbulence, or rough landing.
  • Slip and fall injuries – May occur in airports or onboard planes.
  • Repetitive motion injuries – Impacts wrists, hands and back. Caused by pushing carts, repetitive movements, lifting, bending, etc.
  • Assault – Unfortunately, assault has become an increasing workplace hazard for flight attendants.
  • “Sick airplane syndrome” – Illness caused by extended exposure to the sometimes poor air quality inside planes.
  • Fatigue – Airline workers often work long hours and have varying schedules. This can result in fatigue and poor sleep schedules.

If you work in the aviation industry and have suffered these or other injuries, you may be entitled to workers’ compensation benefits. Find out by calling the Law Offices of George S. Henderson today.

Top 10 Most Common OSHA Violations

Every year the Occupational Safety and Health Administration (OSHA) releases a report detailing the most common safety violations in American workplaces. This report helps OSHA identify problem areas and violations that are commonly repeated. It also serves as a reminder for businesses of the importance of compliance with regulations.

No matter what industry you work in, employers are required to ensure a safe working environment. That includes proper training, maintaining safe property, providing protective gear when necessary, and complying with all regulations.

Top 10 Most Common OSHA Violations

For 2017, OSHA listed the following as the top 10 most common violations:

  1. Fall protection (general requirements)
  2. Hazard communication
  3. Scaffolding
  4. Respiratory protection
  5. Lockout/tagout
  6. Ladders
  7. Powered industrial trucks
  8. Machine guarding
  9. Fall protection (specific to training)
  10. Electrical (specific to wiring methods)

Some of these top 10 were also included in the 2016 report, such as ladders, fall protection, and powered industrial trucks. One new violation making the top 10 list is the fall protection specific to training (number 9). The addition of training violations means that businesses need to be diligent in properly training employees. Training should include full training for the position and for any relevant protective equipment.

OSHA Violations and Your Legal Rights

Under federal law, all workers are entitled to a safe work environment. Employers must provide a work environment that is free of health and safety hazards. If you are concerned about the safety of your work environment, it is within your rights to contact OSHA and file a complaint. You also are entitled to legal representation if you are concerned about your health, or you have sustained an injury. To learn more about your legal rights, contact The Law Offices of George S. Henderson to speak with our workers’ compensation attorney.

Sources:

https://www.osha.gov/Top_Ten_Standards.html

https://www.totalsafety.com/insights/osha-releases-2017-list-of-most-frequently-violated-standards/

MYTH VS. FACT: What Can Your Employer Do After You’ve Filed a Claim?

If you’ve been injured on the job, you probably want to file a workers’ compensation claim so you aren’t stuck with out of pocket medical expenses. We’ve all heard horror stories about employers who fail to file claims, or refuse to pay claims that are filed. This may have you wondering what your employer can do after you’ve filed a claim.

Let’s take a look at some of the myths and facts related to your employer and workers’ compensation claims.

What Can Your Employer Do After You’ve Filed a Claim?

Myth: Only large corporations are required to have workers’ compensation insurance.

Fact: Every state (with the exception of Texas) requires most employers to carry workers’ compensation insurance. This should provide employees with assurance that an on-the-job injury will be covered without having to file a lawsuit to recover medical expenses.

Myth: Most workers’ compensation claims are fake, or fraudulent.

Fact: According to research from the University of Michigan, only two percent of workers’ compensation claims are fraudulent. Employers can dispute the validity of the claim, but ultimately, medical records will speak for themselves.

Myth: Once a claim is filed, your employer is “off the hook”.

Fact: Once you file a claim, your employer’s role is significant. Your employer should keep in touch with you about your progress, and monitor when you will be able to return to work.

Myth: My employer can fire me for filing a workers’ compensation claim.

Fact: It is illegal for your employer to retaliate against you in any way after you file a workers’ compensation claim. Employers cannot legally terminate an employee without reasonable cause, which filing a workers’ compensation claim is not.

Myth: You cannot file a claim unless your employer was at fault for your injuries.

Fact: Your employer may tell you this to deter you from filing a claim, but it simply isn’t true. Workers’ compensation is a “no-fault” system, meaning that you can receive compensation for your injuries regardless of who was “at fault”.

Cause of Work-Related Miscarriages

According to the Mayo Clinic, around 10-20 percent of all pregnancies end in miscarriage. Sometimes miscarriage is the result of abnormalities or complications that cannot be avoided. Other times, they are the result of injury or illness. In this post, we will discuss the common causes for work-related miscarriages, and what women need to know about their legal rights.

Causes for Work-Related Miscarriages

Research shows that there are several occupational factors that can increase the risk of miscarriage. These factors include:

  • Shift work
  • Long working hours
  • Demanding physical workload
  • Lifting, standing, or walking for extended periods of time
  • Exposure to harmful chemicals
  • Exposure to toxins (mold, carbon monoxide, etc.)
  • Workplace stress or harassment
  • Workplace accidents (slip and fall, hazardous conditions, etc.)
  • Workplace violence or physical harm

Any of these factors can increase your risk of having a miscarriage. If you have suffered a miscarriage and believe that it was work-related, you should contact a workers’ compensation attorney to discuss your legal rights.

Miscarriage and Workers’ Compensation

If you are injured in a work-related incident, or suffered a miscarriage as a direct result of your work environment, then you may be entitled to workers’ compensation benefits. These benefits could include compensation for:

  • Medical care
  • Temporary or permanent disability benefits
  • Job replacement costs
  • Death benefits

The type of benefits you qualify for will depend on the incident, your status as an employee, and your ability to establish that your injuries were the result of your occupation.

Contact a Workers’ Compensation Attorney

There is no easy way of resolving cases involving the loss of a child. At The Law Offices of George S. Henderson, we understand the delicate nature of miscarriage-related claims. Our attorneys are dedicated to helping you protect your legal rights and get the benefits you deserve.

Sources:

https://www.mayoclinic.org/diseases-conditions/pregnancy-loss-miscarriage/symptoms-causes/syc-20354298

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3699369/

Know Your Rights When Working on Black Friday

Every year on Black Friday we hear stories about the insanity experienced by shoppers. What we don’t often hear about is what those working in retail face as they prepare for, and manage, the onslaught of customers.

With Black Friday just around the corner, here is what you need to know about your rights when working on the busiest shopping day of the year.

Is Working on Black Friday Really Dangerous?

According to the Occupational Safety and Health Administration (OSHA), working on Black Friday can be hazardous. In 2008, one retail worker was trampled to death by a crowd of customers. Since 2010, an unusual website titled “Black Friday Death Count” continues to tally the injuries and deaths reported among shoppers and employees. So far, the website lists 10 deaths and 111 injuries since 2010.

Know Your Rights When Working on Black Friday

If you are working on Black Friday this year, here are some important things for you to remember:

  • If you are working “overtime”, check with your employee handbook to review policies that might apply to you. If you are entitled to overtime pay, make sure you get it.
  • OSHA developed crowd management safety guidelines following the 2008 death of a Wal-Mart employee. Make sure that you and your employer follow these guidelines.
  • Your employer is responsible for ensuring a safe work environment. That includes ensuring that:
    • All employees are properly trained
    • Security guards are on-site, if needed
    • Employees have adequate gear for the job (shoes, braces, etc.)
    • Unruly customers are dealt with in a timely manner
  • Remember that you are not legally obligated to place yourself if a dangerous situation. If your work environment spirals out of control, let your boss know and remove yourself from the situation.

For more specific information, contact The Law Offices of George S. Henderson to discuss your rights.

 

Sources:

https://www.monster.com/career-advice/article/policies-in-place-to-keep-retail-workers-safe-during-black-friday-frenzy

http://blackfridaydeathcount.com/

 5 Facts about Ageism in the Workplace

Two out of every three workers ages 45 to 74 report experiencing some form of age discrimination in the workplace. There are common misconceptions that older workers are uneducated, less healthy, less skillful, or less productive than their younger peers. Not only are these misconceptions largely untrue – they are also damaging to the individuals and the businesses involved.

Age discrimination, or ageism, is a form of discrimination that is prohibited by law. Under the Age Discrimination in Employment Act of 1967 (ADEA), ageism is illegal at any point in the employment process. Let’s take a look at ageism and what the law says.

5 Facts about Ageism in the Workplace

Check out these 5 facts about ageism in the workplace:

  1. In 2009, a U.S. Supreme Court ruling established that plaintiffs must meet a higher burden of proof for ageism as compared to other types of discrimination.
  2. 8 out of 10 Americans 50 and older want Congress to strengthen laws preventing ageism in the workplace.
  3. A common misconception is that ageism begins when workers turn 50. Research shows, however, that ageism most commonly occurs between the ages of 45 and 74.
  4. There is a gender difference in perception of ageism. Around 72 percent of women 45 to 74 report experiencing ageism. Only 52 percent of men between 45 and 74 report experiencing ageism.
  5. The most common type of ageism reported is not getting hired. About 19 percent of AARP survey respondents report not getting hired due to ageism. Another 12 percent report being skipped for a promotion, and 8 percent report being laid off or fired.

The most important thing you should know about ageism is that you can take action if you have been discriminated against. Talk to an attorney about your legal rights, filing a complaint with the Equal Employment Opportunity Commission (EEOC), or filing a lawsuit.