Common Injuries Suffered by Health Care Workers
The American health care industry is one of the biggest sectors of the US economy, employing more than 12 million workers. It is also one of the most dangerous industries for workers. According to the National Institute for Occupational Safety and Health (NIOSH), the number of health care workers who have suffered a workplace injury or illness has steadily climbed over the past 10 years. Further, NIOSH reports that two of the most historically dangerous occupations for workers - construction and agriculture - currently offer safer working conditions than the health care industry.
The problem is that health care workers are faced with not only the same types of dangers as other types of employment - like electrical shock, falls, repetitive motion injuries (carpal tunnel syndrome) and noise pollution - but also dangers that workers in other industries seldom, if ever, come into contact with. These dangers include:
- Working with hazardous chemicals
- Regular contact with radiation and other potential carcinogens during patient treatment, X-rays and surgery
- Exposure to dangerous infections and diseases, like antibiotic resistant staph infections (MRSA) and tuberculosis
- Developing latex allergies to protective gloves, some of which can be lethal
Health care workers also suffer from a disproportionate amount of work-related muscoskeletal disorders (MSDs) from lifting and transferring patients. MSDs include back, neck and other connective tissue injuries. They are particularly prevalent among registered nurses, nursing aides and orderlies who work in nursing homes, where the patients are much less mobile and the facilities are less likely to have proper equipment to help move patients. MSDs can also occur in hospital and other health care facility housekeeping workers and those responsible for transporting heavy equipment and carts.
Health care workers, particularly nurses, residents and physicians, are also at risk of being exposed to blood-born pathogens from needle sticks, including HIV/AIDS and Hepatitis B and C. The Occupational Safety and Health Administration (OSHA) estimates that 5.6 million health care workers are at risk of exposure to these diseases from scalpel and suture cuts as well as from accidental sticks from syringes, hypodermic needles and blood collection devices.
Filing a Pennsylvania Worker's Compensation Claim
When a health care worker is injured at work, he or she has the right to file a claim for worker's compensation benefits. Worker's compensation is a type of insurance that employers, including hospitals, nursing homes and other health care industry employers, are required to carry by state law.
Worker's comp provides benefits not only for workers who are injured on the job, but also for those who develop a work-related occupational illness caused or aggravated by their work. Some of the worker's comp benefits that are available include:
- Medical bills
- Lost wages
- Specific loss benefits for the loss of an appendage, limb, hearing and/or sight
- Death benefits for surviving family members
Compensation for lost wages will not begin until an injured worker has been out of work for a minimum of seven consecutive calendar days. The amount of compensation a worker may receive depends on many factors, but generally is two-thirds of his or her average weekly wage, subject to a state cap.
Injured workers are entitled to these benefits regardless of whether the injury occurred as a result of their own negligence or their employer's negligence.
To begin the claim process, a worker must notify a work supervisor within a set amount of time. If the employer does not already have knowledge of the injury and the worker has not notified the employer within 21 days of the injury, the employer does not have to provide worker's comp benefits until the worker has provided noticed of the injury. The maximum amount of time a worker has to notify the employer of the injury is 120 days.
Once the employer has received notice of the work injury, the employer is supposed to submit the claim to its worker's compensation insurance provider. The insurance company will either accept or deny the claim. Some workers incorrectly believe that if their initial claim is denied, the process is done. This is not true. Workers who have had their claims denied have the right to appeal the decision to a Pennsylvania worker's compensation judge. Insurance companies cannot legally deny legitimate claims for benefits by injured workers.
Get Help Now
The worker's compensation process is complex and frustrating. It is important to remember that just because your claim has been denied does not mean you are not entitled to workers compensation benefits. In addition, just because your claim has been accepted does not mean that you are receiving all the benefits that you are entitled to.
An attorney experienced in handling worker's comp claims can explain the process and help you file your claim and appeal a denial of benefits, if necessary. An attorney can also help ensure that your injury is described properly by the insurance company and that you are getting all the benefits you are entitled to. Call for a FREE and CONFIDENTIAL consultation.
