Official Workers’ Compensation FAQ
If you have been injured and are seeking workers’ compensation or in the middle of a claim, you may have some questions. Now we have answered some of these questions and offer our experience to you to settle your claim. What is a stipulated finding and award? A stipulated finding and award is entered in upon by both sides rather than being imposed by the judge in the judge’s decision. However, the judge must still “approve” of the finding and then it has the same effect as any other trial would when an “award” is reached. In most cases, the biggest circumstance under review in a finding and award deals primarily with the percentage of disability that a plaintiff wants and whether or not they will need further medical care. Due to the stipulated finding and award, the percentage of disability agreed to as well as the number of weeks to be paid are agreed upon. If you find out that you are, in fact, entitled to medical care in the future, you will have to call the insurance company before you receive it. What is a compromise and release? This is a closing of the entire case and the elimination of the need for payments over a period of time. You may consider a compromise and release if you have a right to medical care but choose to pay for it yourself. If you decide to close on this option, then you will typically be compensated for taking care of matters on your own and relieving the insurance company from having to take care of your medical care themselves. The amount of compromise and release is usually more than the amount of disability that you would have received over time. However, what you should remember is that a compromise and release is not always a viable choice. Sometimes, the insurance company will not want to choose this option and you will be left with no choice. Will my settlement affect vocational rehabilitation? No, receiving compensation benefits should not be affected by participating in a vocational rehabilitation program. You may have questions about what vocational rehabilitation entails. Workers are entitled to this type of rehabilitation when they have been injured in the workplace. Some of the benefits include on-the-job training where necessary, transferable skills testing, resume and job application services, interview skills assistance, labor market surveys, job search assistance, counseling, and reasonable accommodation. Depending on your situation, you will find out how much vocational rehabilitation is available to you. Can I get all the money from workers’ compensation and keep the medical open? Theoretically, in some cases you will be able to settle a workers’ compensation case and keep medical open. However, in most cases this is not possible because many claims adjusters will not deal with the risks involved. This is why, if you wish to keep the money from your workers’ comp and keep medical open, you will have to go to trial to make your demands. However, you will be putting trust in the judge’s hands and may not end up with the result you were expecting. What happens if my case is settled? You may have concerns about going in front of the judge for many reasons, or getting “cheated” in your case. You may decide to settle when you weigh your options and decide that the amount of money you would receive is enough to take care of the costs of your accident. You may decide it is not worth losing any more than that. An attorney will be able to help you come to that conclusion and weigh the risks and options. What happens if the insurance company won’t make a reasonable offer? In some cases, you may realistically have to settle because you will not be entitled to more than they have already offered you based on your injuries. However, you can keep attempting to get a better offer through mediation or court if you feel it is in your best interest. If you have been injured in the workplace, you may wonder where to turn. It may seem like you have exhausted all options, but you still have us on your side, fighting for your rights every step of the way. Call us at The RAWA Law Group today for more information on your case.
Employees’ Rights to Report Workplace Injuries
Recently, the Occupational Safety and Health Administration (OSHA) has made anti-retaliation provisions in an injury and illness tracking rule to conduct outreach and provide educational materials for employers. However, in recent times they have announced that they will be delaying this enforcement to November 1, 2016 from the original August 10, 2016. This is important because these helpful rules will require employers to inform workers of their right to report work-related injuries and illnesses without being retaliated against. They will also be implementing procedures for reporting injuries and illnesses that are reasonable under many circumstances. OSHA has been working with many workplaces since the 70s to ensure that employers provide safe and healthful workplaces for their employees. This is not the first time that OSHA has taken action to ensure that workers are being kept safe. In fact, Section 11 of the OSH Act prohibits discrimination entirely when an employee wants to report an injury or illness. It has been decided that reporting a work-related injury or illness is an employee right and that retaliating against that employee for their injury is full discrimination. This rule has been invited into the system because employees could be put at risk if they do not feel free to report injuries in the workplace. More lives could be at risk and more fatalities could result. If employees do not feel free to report, then they may not receive proper medical attention or workers’ compensation benefits that they are entitled to. Unfortunately, OSHA finds many cases of employers who have discouraged against reporting and could be seen as unlawful discrimination. For instance, they have taken many reports of employers who have taken disciplinary action as a result, falsely accused an employee of causing their own injuries, or established programs of incentives for employees who do not report injuries. What to do if You Suspect Retaliation OSHA has implemented many programs and regulations to tackle retaliation before it even begins, and help employees feel like they can report all injuries within the workplace. So what happens if you feel like you have been retaliated against? The first step you should take is to try and talk to your supervisor or a human resources representative about the reasons behind the suspected retaliation. There may actually be a good explanation behind why this has occurred. Yes, you may have reported an injury and have been switched to another shift, but this does not always cry retaliation – suppose that your employer switched you because there was another opening there for you. If there is no legitimate explanation and you still suspect retaliation, then you can voice your concern that you are being retaliated or discriminated against. Many employers will deny this. This is why you should point out all the reasons why you are being discriminated against and ask that it stop immediately. If they are not willing to admit that they are in the wrong, you can then take your concerns to the Equal Employment Opportunity Commission (EEOC), of course with the help of an experienced attorney. At RAWA Law Group, we care about your case and can help you in the event that you are being discriminated against. Give us a call today.