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. 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.
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, you are entitled to Workers’ Compensation benefits.
The benefits an injured worker is entitled to receive from a work-related injury are as follows:
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Medical Treatment - An injured employee is entitled to medical treatment, at no cost, to cure and relieve the effects of his/her work injury. The injured employee is not required to treat with a company doctor, but can seek out a doctor of his or her choice.
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Temporary Total Disability Benefits - If a doctor finds that an injured employee is unable to work while being treated for his/her injuries, he or she may be entitled to temporary total disability benefits. The employer's Workers' Compensation insurance carrier is required to pay the injured employee up to two thirds of their salary (with established maximums depending upon the date of injury) while they are at home recuperating from their industrial injury.
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Permanent Partial Disability Benefits - Once an injured employee is released from a doctor’s care, he/she may be entitled to permanent partial disability benefits. How much an injured employee will receive is determined by the part of the body that is injured, the extent of the injury, the average weekly wage the employee was earning for the 52 weeks preceding the accident and any work restrictions as determined by a medical professional.
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Vocational Rehabilitation - If the doctor finds that an injured employee is not able to return to his or her pre-injury occupation, the injured employee may be entitled to vocational rehabilitation at no cost to the employee. Vocational rehabilitation is a program designed to assist an individual in returning to gainful employment or by providing a retraining program designed to help an individual acquire to skills necessary to return to suitable employment.
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Permanent Total Disability Benefits - If an employee is injured to the extent that he or she is unable to return to any type of gainful employment despite an attempt at vocational rehabilitation, then the employee is entitled to weekly benefits (two thirds of the average weekly wage but capped by a scheduled weekly maximum) for life.
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Death Benefits - If you were a total or partial dependent (one who relied upon another for financial support) of an employee who died as a result of a work injury, you may have the right to recover certain benefits, including burial expenses and weekly benefits.
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;
- Your employer does not carry compensation insurance;
- A third party has caused your accident.
Healthcare workers have legal rights to compensation for work related injuries. 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.
The Law Offices of Millon & Peskin will evaluate your Workers’ Compensation case thoroughly, explore all potential sources of recovery and develop a strategy to ensure the best results in your claim. Contact us today for a free consultation at (800) 928-1831 or Email us at info@millonpeskin.com. You can also complete our Online Case Evaluation Form
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