Work-Related Injuries under the Workers’ Compensation Laws can Include Aggravations of Prior Injuries and Conditions

May 26, 2017 by

For the years 2013 and 2014, the numbers of fatal work-related accidents reported to the U.S. Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI) were 4,585 and 4,679, respectively. Though the Occupational Safety and Health Administration (OSHA) has worked hard to significantly reduce the number of workplace injuries and deaths since its establishment in 1971 (from about 38 worker deaths a day in 1970 to 13 a day in 2014), fatal accidents in work environments continue to happen.

Every workplace has its own type of dangers; however, of all types of workplaces, construction sites remain to be among the most dangerous due to all the possible sources of injuries workers are exposed to every day, like falling objects, the presence of heavy machinery, risk of electrocution, and risk of falls, especially among those working on roofs and scaffolds and those who always use ladders. Aside from these, many workers are also regularly exposed to toxic chemicals which can cause deadly and chronic illnesses.

The effects of accidents can never be undone; however, there are ways to prevent these (through strict observance of OSHA safety rules) and ways to make sure that workers who get injured on the job are never left to carry by themselves the financial burden resulting from the injury. This is because injuries will definitely render a worker unable to work, which will mean no pay during the whole duration of treatment and recuperation – just at the time when the financial needs increase, the very source of earning is cut.

To remedy this dilemma suffered by injured workers, the government passed into law the Workers’ Compensation Insurance Program. This state- mandated and administered program provides immediate financial help to workers who sustain injuries while performing their job or who develop an illness due to exposure to toxic chemicals at work. Workers’ Compensation or Workers’ Comp covers lost wages, cost of medical treatment, disability, rehabilitation, retraining, and death (this may include payment of benefits to survivors of workers killed on the job).

Workers’ Comp pays benefits to injured workers regardless of who was at fault in the accident (there is no need for an injured worker to file a case in court just to avail of the benefits); however, if the injury was self-inflicted, was sustained because the worker was drunk, or was a result of actions in violation of OSHA law or company safety policy, then a worker’s application for a claim will be denied.

Work-related injuries under the workers’ compensation laws can include aggravations of prior injuries and conditions as well.

In the state of Pennsylvania, specifically, the Pennsylvania Workers’ Compensation Act provides legal guidelines for payment of workers’ compensation benefits. State law governs WC coverage, though some employees may be covered by other federal compensation laws. All companies must have workers’ compensation insurance if they have employees in Pennsylvania. However, unfortunately some employers do not have workers’ compensation insurance despite what the law says. In Pennsylvania, an employee injured at work while working for an uninsured employer may pursue benefits from the Pennsylvania Uninsured Employer’s Guaranty Fund. However, there are several deadlines applicable under the law creating the Uninsured Fund, so it is important that you contact an attorney immediately if you have been injured at work.”

read more

Related Posts

Tags

Share This