Meshbesher Law FirmMeshbesher Law Firm2024-03-12T15:47:17Zhttps://www.meshbesherlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1100399/2019/03/cropped-site-icon-32x32.jpgOn Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=521062024-03-12T15:47:17Z2024-03-12T15:47:17ZThe three calendar-day threshold
By Ohio law, an employer can’t pay wage loss claims for disability until after three calendar days from the date of the incident that caused the work-related injury. The law counts consecutive calendar days and not just workdays, so workers concerned that a weekend would mean delayed benefits can rest easy.
Longer disabilities can lead to full benefits
However, if your disability continues for 10 calendar days, your employer must provide wage loss benefits for all the days you’ve spent recovering – including the first three days. The law will also consider the time lost from work to obtain medical treatment as a day of disability.
So, you’ll have to wait a good three days before your employer pays you for your disability. If your disability lasts for more than 10 days, your employer must retroactively pay for the first three days of lost wages.
If your employer delays its payments for benefits past the third calendar day, you may have to confront them about it. A legal professional with experience in workers’ comp claims may be able to guide you on how to request an administrative hearing over your case.]]>On Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=521042024-03-04T13:17:13Z2024-03-04T13:17:13ZUnderstanding your rights
State law mandates that all employers must have workers' compensation insurance or be self-insured. However, if your employer is non-compliant, you still have rights to pursue compensation for your injuries.
Immediate steps to take following an injury
If you suffer a work-related injury and your employer lacks any workers’ compensation, the initial steps you should take are the same as those for any worker whose employer has coverage.
These steps are:
Report the injury: Even if your employer lacks workers’ compensation, you still need to report your injury to them, to establish a record.
Seek medical attention: While the costs might come out of your own pocket, you should still get the necessary medical treatment. Keep a record of all your visits and medical expenses.
Document everything: Collect evidence of your injury, including witness statements, photographs, and a detailed account of the incident.
Even if your employer lacks workers’ compensation, it’s important to have the necessary documentation to receive some benefits from the state. You’ll also need the information in order to hold your employer liable for your work-related injuries.
Seeking compensation
Without employer-provided workers' comp insurance, you may need to file a claim directly with the Minnesota Special Compensation Fund, which can provide benefits under certain circumstances. A legal professional with experience in workers’ compensation matters may be able to assist you in this process.
Legal recourse
You also have the option to file a lawsuit against your employer. Unlike a regular workers’ comp claim, a personal injury lawsuit will allow you to sue your employer for pain and suffering, which aren’t covered under workers’ compensation. If you’re taking this route, an attorney would also be useful in determining if you have a strong enough case to bring against your employer.
Your employer may lack workers’ compensation insurance, but that doesn't mean you won’t receive any support if you get injured. You can always turn to a legal professional for help in finding adequate compensation and holding your employer responsible for your injuries.]]>On Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=521002024-02-28T12:56:06Z2024-02-28T12:55:22Zthis system operates on a no-fault basis, meaning you do not have to prove your employer was liable for your injuries to get the benefits.
However, that does not guarantee a claim approval. The insurer may still deny your claim, but they need a legitimate reason for the denial.
Reasons an insurer may deny your claim
Remember, insurance companies will attempt to pay you as little as possible or nothing at all, so they will send an adjuster or another representative to investigate your claim. Here are some of the more common reasons an insurer might give to deny your workers’ compensation claim:
Your injury or illness is not work-related.
A pre-existing condition caused your injury or illness.
You do not have enough evidence to support your workers’ compensation claim.
You did not report the injury or illness immediately.
You did not cooperate with the investigation.
You failed to provide the information and documentation the insurer asked for.
Even though the insurer agrees that your injury or illness is work-related, they might try to downplay its impact on your life. They may say you do not need the treatments your doctor prescribed. Therefore, you need to report your injury promptly and document everything.
You have a right to appeal a denial in Minnesota
Just because the insurer denied your claim does not mean it is final, especially if you followed all the rules, reported the injury on time and submitted all the correct paperwork. Many workers have successfully appealed their denied claims and obtained the benefits they deserved.
If you disagree with the insurer’s reason for denial, you can file an appeal and try to get the workers’ compensation benefits due you. But, this time, make sure you do everything accurately.]]>On Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=520962024-02-10T16:51:43Z2024-02-15T16:50:45ZSlippery floors
In bustling kitchens, spills happen all the time. Water, oil and food make floors slippery, increasing the chance of falls. These accidents may result in serious injuries, including torn ligaments and head wounds. Keeping floors clean and dry, not to mention wearing nonslip shoes, can help prevent these episodes.
Sharp objects
Kitchens are full of cutting and slicing tools, from knives to graters. Injuries become more likely when people use these items quickly or without proper training. Some cuts may be minor, but others can be deep and require medical attention.
Burns and scalds
Hot surfaces, boiling liquids and steam make burns typical in kitchens. Cooks and chefs work with ovens, stovetops and heated pans regularly. Using protective gear, including oven mitts, and following safe protocols can minimize such incidents.
Repetitive motion injuries
Tasks such as chopping vegetables or stirring pots may lead to repetitive motion injuries. Carpal tunnel syndrome and tendonitis are subsequently common among kitchen employees. Encouraging regular breaks and teaching ergonomic techniques may alleviate the strain one associates with these responsibilities.
Stress and fatigue
The fast-paced nature of restaurant kitchens leads to high rates of burnout. Tired and stressed workers are more prone to making big mistakes. Creating a supportive environment and ensuring staff have adequate breaks can manage stress levels and reduce the chance of injury.
Restaurant kitchen traumas are preventable with precautions and instructions. Management should take every reasonable measure to lower the odds of tragedies.]]>On Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=520922024-01-26T22:42:17Z2024-02-01T22:40:59ZOccupational hazards
Hotel housekeepers often have to perform repetitive tasks. This might involve lifting heavy mattresses or bending and stooping, all of which put them at risk of musculoskeletal injuries. Exposure to cleaning chemicals can also lead to illness and injury. Ergonomic hazards are also common and can cause long-term health issues and contribute to workplace accidents.
Injury prevalence
UNITE HERE reports that hotel housekeepers have an injury rate that is 40% higher than that of all other service-industry employees. These injuries range from slips, trips and falls to more serious incidents resulting from overexertion and ergonomic strain.
Preventative measures
Efforts to reduce risks faced by hotel housekeepers require a concerted approach from employers and industry stakeholders. Implementing robust safety protocols helps safeguard the well-being of housekeeping staff. Providing ergonomic training and offering personal protective equipment can also help reduce housekeeper injuries. Fostering a culture of workplace safety and encouraging open communication can empower employees to report hazards and seek help when needed.
As frontline workers dedicated to ensuring guest satisfaction, housekeepers deserve a safe work environment. Raising awareness about the risks they face helps reduce workplace injuries and promote the well-being of hotel housekeepers everywhere.]]>On Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=520942024-01-30T14:19:15Z2024-01-30T14:19:15ZExams often start with business requests
Both concerned employers and insurance providers theoretically have the option of requesting an independent medical examination as part of a Minnesota workers' compensation claim. The worker must then present themselves at an appointment where they provide medical records and other key information before undergoing an in-depth functional examination.
The doctor performing the exam may even begin observing someone before they enter the facility to catch warning signs that someone may have faked or exaggerated their symptoms. Workers must be very careful about effectively communicating their circumstances and not masking their symptoms.
Many people intentionally underreport pain symptoms or try to cover up signs of discomfort when performing tasks under direct observation. Doing so can put a worker at a marked disadvantage during an independent medical examination related to workers' compensation benefits. The more honest and open a worker is about their pain and other symptoms, the less likely they are to face challenges.
Depending on the determination of the independent medical examiner, an employer could deny someone's claim by asserting that they didn't get hurt on the job or have already reached the maximum medical improvement possible given their diagnosis. Other times, the goal may be to raise questions about the necessity of certain accommodations to deny payment requests or end someone's treatment.
Workers may not expect a compensation claim to become adversarial, but that can sometimes occur. Knowing the rules that apply during workers' compensation claims may help people secure and continue receiving the benefits they deserve for a work-related health challenge.]]>On Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=520902024-01-16T19:55:22Z2024-01-18T19:55:15Z1. Slippery surfaces and falls
One of the primary concerns is the increased risk of slippery surfaces. Rain, snow or ice can create hazardous conditions on construction sites, making surfaces treacherous. Construction workers often need to navigate elevated platforms and uneven terrain, and slippery surfaces heighten the risk of slips and falls. These incidents can lead to severe injuries with long-term consequences.
2. Limited visibility and increased hazards
Poor weather conditions also contribute to limited visibility. They pose additional challenges for construction workers. Fog, heavy rain and snow reduce the ability to see clearly, making it difficult to identify potential hazards. The diminished visibility can lead to collisions with equipment, falls from heights or accidents involving moving machinery. Employers must take extra precautions during adverse weather to mitigate these risks and ensure the safety of their workers.
3. Cold stress and health concerns
Minneapolis experiences harsh winters, exposing construction workers to extreme cold conditions. The average low in January is 7 degrees Fahrenheit.
Prolonged exposure to cold temperatures can lead to cold stress, a condition that affects the body's ability to maintain a normal temperature. Construction workers working outdoors are at risk of hypothermia, frostbite and other cold-related health issues. Employers must implement measures such as providing protective clothing and scheduled breaks to prevent cold stress and its associated health concerns.
By prioritizing worker well-being, the construction industry can mitigate the impact of bad weather and ensure the health and safety of its workforce.]]>On Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=520882024-01-04T04:34:40Z2024-01-05T04:34:20ZFarm injury risks
Farming involves the use of heavy machinery, such as tractors, combines and plows. Accidents involving these machines can result in severe injuries, including amputations, fractures and crush injuries. Lack of proper training, maintenance or safety precautions often contributes to these incidents.
Farmworkers also often work in uneven and challenging terrains. Falls from heights, slips on wet surfaces or trips over equipment are common. These accidents can lead to fractures, sprains or even more severe injuries. Chemical exposure risks are also considerable. Pesticides, fertilizers and other chemicals are integral to modern agriculture. Improper handling or exposure without adequate protective gear can result in skin irritation, respiratory problems and long-term health issues.
For those involved in animal husbandry, working with livestock poses its own set of risks. Cattle, horses and other animals can be unpredictable. Working with them can cause injuries such as kicks, bites or trampling incidents. Farm work also involves long hours outdoors. This exposes workers to extreme weather conditions. Heat-related illnesses, such as heat exhaustion or heatstroke, are significant concerns, particularly during the summer.
Farm safety tips
To mitigate the risks associated with farming, implementing comprehensive safety measures is key. This includes providing proper training for machinery operation and ensuring the use of personal protective equipment. It also includes maintaining equipment and promoting awareness of potential hazards. Additionally, encouraging breaks and hydration during strenuous work in adverse weather can help prevent heat-related illnesses.
The National Institute of Food and Agriculture reports that there were 23,1 deaths for every 100,000 agricultural workers in 2019. There were also 573 farm worker fatalities that year. Addressing common farm worker injuries and promoting a culture of safety helps improve working conditions and safety for farm workers across the nation.]]>On Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=520862023-12-20T16:24:26Z2023-12-20T16:24:26ZWhen can workers not choose their doctors?
If an employer's insurer is part of a collective bargaining agreement with a provision listing specific healthcare providers they must use, then workers must use a professional from that list. Workers may also be under a managed care health insurance plan. This may also obligate them to choose a certain doctor. Regardless of who they pick to oversee their care, the care provider must adhere to the Minnesota Department of Labor and Industry's treatment guidelines.
Can you switch doctors?
Two visits set a healthcare provider as a worker's provider for workers' compensation purposes, but workers can still switch doctors as long as it is within 60 days of the initial treatment. After that, employees cannot change doctors unless the insurer or a judge permits it. This requires showing a rational reason for it, such as the condition failing to improve.
According to the U.S. Bureau of Labor Statistics, Minnesota had almost 64,000 reported workplace injuries and illnesses in 2021. When employees sustain injuries or become ill at work, picking a proper doctor is important to the recovery process. In most situations, they can choose their own healthcare providers, but changing them after a certain period is difficult.]]>On Behalf of Meshbesher Law Firmhttps://www.meshbesherlawfirm.com/?p=520842023-12-14T20:54:22Z2023-12-14T20:54:22ZVocal strain in the classroom
Teachers use their voices to instruct, discipline and engage with students. The necessity of projecting their voices in noisy classrooms, addressing large groups and repeating instructions can lead to vocal strain. These prolonged periods of speaking without proper vocal care can injure the vocal cords.
Environmental factors
Classroom environments, sometimes filled with noise and inadequate acoustics, can contribute to teachers raising their voices so that students can hear them. This behavior can exacerbate vocal strain over time. Additionally, exposure to allergens or irritants such as cologne in the environment may lead to throat discomfort and increase the risk of vocal cord damage.
Preventive measures and vocal hygiene
While teachers are not to blame for injuries they sustain, there are things they can do to reduce their risks. For example, teachers can adopt the following preventive measures to protect their vocal cords:
Staying hydrated
Avoiding caffeine
Using amplification systems when available
Taking breaks to rest the voice
Avoiding excessive throat-clearing
Some hospitals and school districts offer workshops in voice health.
Whether vocal cord injuries qualify for workers' compensation depends on establishing a direct connection between the job duties and the injury. Teachers must report vocal cord issues to their principals and seek medical attention to support their claims.]]>