What is Worker’s Compensation?
Worker’s Compensation (or workman’s comp) is a crucial part of the stability of our modern day workplace. In California, without a good compensation program in place, worker’s could be left out in the cold after an injury incident.
Workplace Injury in California
If you are on the job 8 hours-a-day 5 days-a-week, there is a definite risk of getting hurt. After all, your job takes up the bulk of your day! Worker’s compensation is an overarching program that gives employees the right to covered medical care or financial relief.
A stronger definition: “Worker’s Comp is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of negligence. While plans differ between jurisdictions, especially in California, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment. General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans.” – en.wikipedia.org/wiki/Workers_compensation
For worker’s compensation to take effect, an injury or illness has to occur during the course of standard employment.
The Catch with Workman’s Comp
As you may have noticed in the above definition, employees are often waved of their right to sue for negligence when participating in a worker’s compensation program. This allows companies to protect themselves from larger more detrimental settlements.
Punitive damages, or those incidences caused by neglect and negligence of an employer, are generally not a part of worker’s compensation cases.
The Importance of State
When it comes to workman’s comp, every state has its own set of rules and statutes.
One of the first things you have to do when considering workman’s comp is recognizing which state you are legally working in. From their, it is critical to acquire a skilled personal injury lawyer familiar with your state’s system.
As with any form of insurance, companies will often try to find any and every reason not to pay you. Sometimes they may be correct under the letter of the law, but to get your fair chance at financial or medical relief you need to come prepared with a competent attorney. At the very least, have one look over the details of your case. Most good attorney’s will provide you with a free legal consultation.
Workers' Compensation - Settling Vs Trial
Acupuncture is an accepted medical option for treating a work related injury. In 2007, the California Department of Industrial Relations made revisions to current workers compensation laws and deemed acupuncture to be a covered medical modality for injured workers. What this means to injured workers is an increase in treatment options and less reliance on pain medications and muscle relaxants. Natural relief from work related injuries is now an option and all of California workers need to be made aware that this amazing medicine is available to them.
Dealing with a work injury can not only leave you in pain, but also confused about your treatment options. Often, companies are contracted to send their employees to specific medical facilities when they're injured. As long as it's not an injury requiring emergency medical care, the employer sends the employee to someone within their Medical Provider Network (MPN), a group of preassigned health care professionals set up by the employers insurance company. If you are unhappy with the provider you are sent to, you can request another provider from the network. If the thought of going to an unknown provider is unsettling to you and you are already a current acupuncture patient, you can sign a form pre-designating your acupuncturist as your primary health care provider in case of a work related injury. To ensure you can use the acupuncturist as your workers compensation provider, your employer must offer group health coverage, you must have been to the acupuncturist before, the acupuncturist must have those medical records and, prior to the injury, you must have signed the letter of pre-designation.
Due to many medical providers abusing the workers compensation system, limitations have been put in place. No longer are medical providers granted unlimited treatments of patients. Chiropractics, physical therapists and occupational therapists have been limited to only 24 treatments. When using acupuncture, functional improvement is expected within 3-6 treatments, with the patient being treated 1-3 times a week. Typically, the expected duration of treatments is from 1-2 months, but treatments can be extended with documentation of continuing functional improvement.
Acupuncture can get employees back to work faster and can be done in conjunction with other healing modalities. If you're already using acupuncture for health care, make sure to fill out a pre-designation form allowing you to use your acupuncturist in case of a work related injury. Our goal is to get you feeling better as soon as possible, getting you back to work as soon as possible and enjoying life pain-free once again.
Workers Comp and Catch 22's - It is Enough to Make You Sick
If someday you become the victim of an accident where you work, things might get really messy. Asking for a work injury claim is quite normal, if you can no longer give 100% doing your job, because of injuries and possible disabilities that can follow. Getting back to full health is a matter of time, and meanwhile your colleagues could change the way they interact with you, because of your health problems.
Some will decide that it's you who is slowing down the activities, and others will maybe accuse you that the only problem is that you're just faking that you have problems, when in fact you don't want to work at all.
The conclusion is that it may very well happen that you no longer feel good at work, even if you know you have done nothing wrong. You just happened to be the victim of an accident. It happens in lots of places and the unfortunate victims have no blame for it. There are many bad things that can follow, like cuts from your paycheck, losing the opportunity of being promoted, and ultimately you could even get fired for good.
Are You Going To Get Sacked?
But the good part is that you can easily make a work injury claim. Of course there is the possibility that you will be accused of trying to rip-off the company and take undeserved money, which can deteriorate relationships with your colleagues. However a work accident claim can make your life easier in more than one way. Most important thing is the money you will earn, and money is of course why we work in the first place.
A specialist will analyze the seriousness of your injury and how much your bodily functions are compromised and with that he will determine the amount of your compensation claim. Also, this will make the respective company more aware of the danger menacing its workers, and this leads to an improvement of work conditions and prevention of accidents.
Furthermore, the medical assessment can act as indubitable proof to your colleagues that you weren't in fact lazy and you did want to work. So if you've been the victim of an accident that was not provoked by you, the company should pay for it, because they certainly didn't follow the proper Health and Safety Regulations.
And because, obviously, your health conditions don't influence only your efficaciousness at work but also has a lot to do with the way you live your personal life, a workplace accident claim is a great way to make you feel better.
I Had An Accident At Work - What are my options?
If you want to do a proper claim for a workplace injury then you must follow certain steps and make everything right First thing's first. Soon after the accident, it should be put down in the company's accident book. This item should be there if your company has over 10 people hired.
Given the case that the book doesn't exist or it can't be used for any reason then you should talk with your boss and tell him in detail about what happened and what injuries you got. Provided you have witnesses, you should bring them too and let them add more details.
The normal thing your employer should do is to tell you to put it all on paper, it's much better than just talking about it. This way the details of the accident remain written down, and you eliminate the possibility of forgetting some of them. A good idea would be to snap some pictures of the zone involved and add them to your file.
After that, the medical assessment made by your doctor is a thing you absolutely must do. The worst cases are when the injuries are so serious that some people can't work at all. If this happens to you, you must organize your statutory sick pay with your boss. You may find that useful for your accident injury claim to at least recover your lost money.
Anyway, you will need to talk to an accident solicitor in order to make sure you get compensated. This person will tell you everything you need to know about how to properly make a claim. But beware of the solicitors that ask you for fees before helping you, because the ones that really do their job well usually go with the 'No Win No Fee' slogan, which can guarantee that you won't lose any money, no matter the result.
And if your claim is successful, you receive 100% of your workplace injury compensation. If you have uncertainties about how you should act in such circumstances then contact a solicitor. But can you see any reason why you shouldn't use a professional and a 100% free based service that can bring you compensation for your accident at work?
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