Tuesday, November 05, 2013

Preserving the Rights of Disabled Employees





One of the questions that employees worry about the most is: What will happen to me if I get disabled? Will I get any compensation for it? The answer to this is: most probably yes. Workers who get injured during the course of their duty are eligible for compensation under the Workers Compensation Act. However, if you have been injured outside the line of duty, you can still avail some benefits under the Americans with Disabilities Act. The guidelines of this act have been properly explained in the labor law posters 2013.

Injuries occurring on the Job

Employers are responsible for providing their employees the necessary workers’ compensation insurance. Employers can only be sued for workplace injuries if they have not provided their employees with the necessary insurance.

Any injuries occurred on the job will entitle the employee for the compensation benefits regardless of the nature or the reason for the injury. The nature of the injury can range anywhere from a piece of machinery to an accident occurring while traveling for business. Under this sort of compensation plan, an employee can avail significant medical benefits and reasonable disability payments, both on a long or short term basis.

However, if the injury was caused by your own incompetence or willful misconduct, then the amount of compensation that you qualify for can be seriously reduced. On the other hand, if it is proven that the injury was caused by your employer deliberately sending you into an unsafe condition, then the amount of compensation can significantly increase as well. The disability payments are based on the company policy and the information present on the labor law posters 2013.

You may even consider hiring an attorney to represent you so that the situation is handled in the best way. If the company you work for refuses to pay any compensation, then a complaint can be filed to the Workers’ Compensation Appeals Board.

Injuries occurring while not on the job

According to the labor law posters 2013, workers who are injured due to any non-work related incident can also claim payments under the disability insurance or under the state or federal Social Security program. A large range of disabilities which even include pregnancies, communicable diseases, and acute alcoholism are covered under the Social Security program.

To be eligible for these benefits and payments, an individual must fulfill all of the following criteria:

  • Must be disabled and unemployed 
  • Must have been working at the time of becoming disabled 
  • Cannot perform the usual duties because of any illness or injury 
  • The previous employment was covered by this program 
  • Must have a valid physician’s certificate supporting the claim for disability 

If these criteria are fulfilled by an individual, then he/she is eligible for receiving the compensation.

However, to get a complete grasp of the benefits that you can receive, it is important to check the company policy. Even the labor law posters 2013 that are mandatory to be posted in all workspaces contain all the necessary information.

1 comment:

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