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Workplace Injuries

Workers’ Compensation Benefits

Posted by on Jan 16, 2015 in Workplace Injuries | 0 comments

In 1970 the Occupational Safety and Health Act (also called OSH Act) was passed into law for the purpose of ensuring a safe and healthy working environment for workers all across the US. The task of enforcing this mandate from OSH Act was made a responsibility of its offshoot, the Occupational Safety and Health Administration or OSHA.

The mandate to keep working environments safe and healthy is specially needed in construction and industrial sites where accidents are very common due to the hazardous substances and dangerous equipment used in these workplaces. Thus, to make these sites more safe, the following additional requirements were made by OSHA: wearing of proper protective gears in working areas, especially against falls and falling objects; appropriate lighting in passage ways and in places where work is performed; keeping stairways and ladders sturdy and safe; installation of ground fault-circuit interrupters (GFCIs); stationing of fire extinguishers with a 2A-rating every 3000 square feet; stationing of eye wash and body-flushing areas within 25 feet from battery-changing places; and, placing of clearly visible and readable accident-prevention or “danger” signs and the removal of these signs when there is no longer danger.

Sometimes, though, despite compliance with OSHA safety standards and training of workers in the observance of these standards, workers still end up becoming neglectful in some of their duties because of exhaustion or some other reasons. The problem is, these acts of negligence are the very causes of accidents that result to injuries or, worse, death of unsuspecting victims.

Individuals who sustain job-related injuries or develop a job-related illness, due to exposure to hazardous substances (even if the illness gets diagnosed years after exposure to such substances), should know that they are entitled to receive fast and sure financial benefits from the Workers’ Compensation Insurance that is mandated to employers.

Workers’ Comp covers wages lost, cost of medical treatment, disability, rehabilitation and death. To avail of the benefits injured workers do not have to file a lawsuit; they simply have to inform their employer of the injury, when it was sustained and the circumstances leading to the injury. The necessary claims form, to be supplied by the employer, will need to be filled out correctly and substantiated by all proofs concerning the injury or illness, which is to be verified by an accredited doctor. All proofs and the claims form will need to be filed with the state’s Workers’ Comp within the statute of limitation set by the state – this usually six months to two years after the injury was sustained or after the illness was diagnosed.

Many of those who file benefits claims handle the whole process, from the filling out of the claims form to the preparation of all substantiating documents to the filing of the claims itself, by themselves. Doing things by themselves, however, has resulted to unforeseen mistakes, which are usually technical (like a missed signature) or late filing of claims.

According to the website of lawyer Robert Wilson many applications get denied (often due to mistakes) or, if approved, are offered inadequate compensation. This is why the firm emphasizes the importance of seeking the assistance of highly capable Workers’ Compensation lawyers.

The Williams and Kherkher attorney’s are knowledgeable in the details concerning Workers’ Comp law and benefits. It will be in the best interest of the injured or ill worker to seek his/her assistance.

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