WORKERS' COMPENSATION MAIN PAGE  |  FAQS

On an average day, 153 healthcare workers, including Registered Nurses, Licensed Practical Nurses, Certified Nurses Assistants, and Home Health Care Aids, lose their lives as a result of workplace injuries and illnesses, and another 15,600 are injured. That is one workplace death or injury every five seconds.

The Centers for Disease Control and Prevention has estimated that healthcare workers in a medical environment sustain numerous injuries annually. In 2002, 12.6% of nurses and personal care attendants required some length of leave from work due to occupational injury. 9.7% of hospital workers sustained on-the-job injuries requiring time off, job transfer, or duty restriction. Medical workers and healthcare providers are among the highest risk group for workplace injury, and are one of the largest groups of claimants for workers' compensation benefits.

If you are a medical professional who has been injured during the course of performing your job, you are entitled to receive workers’ compensation benefits. Whether you suffer from physical, emotional, mental disabilities or occupational-related disease, your employer-provided insurance should provide financial support during your convalescence. Workers’ Compensation benefits may include lost wages, medical expenses, and vocational rehabilitation costs. The amount that you receive depends on factors such as your average weekly wage and your degree of incapacitation.

The Workers’ Compensation system was designed to ensure that employers, including hospitals and private medical facilities, provide insurance to financially assist employees who become injured or disabled on the job. Employers who fail to insure are liable for both criminal and civil offenses.

“No fault” insurance provides a portion of a worker’s pay based on their weekly wages and state averages. Dependants of employees killed in work-related accidents are also eligible for benefits. In exchange for employer-provided Workers’ Compensation “protection”, you sacrifice your right to file suit against co-workers and employers for negligence. However, you can file a civil suit against a third party if your injury is the fault of someone other than yourself, a coworker or your immediate employer. You may be able to recoup not only medical expenses and wages, you may also receive civil damages that include pain and suffering, past/present/future lost income, medical bills and other damages.

Employee supplemental benefits are determined by several factors including your average weekly wage, state average weekly wage, and your degree of disability. The following are general guidelines under which you are eligible to receive Workers’ Compensation:

• Temporary total disability – 60% of average weekly wage (AWW) prior to injury for up to 156 weeks.
• Partial disability – 60% of the difference between the AWW prior to injury and the weekly wage earning capacity after injury. Maximum benefit period is 260 weeks, but may be extended to 520 weeks.
• Permanent and total incapacity – payments equal 2/3 of AWW after temporary and partial payments have been exhausted.

• Death benefits for dependents – widows or widowers who remain unmarried shall receive 2/3 of the worker’s AWW, but not more than the state’s AWW. Six dollars per week will be provided for each child under 18. Burial expenses are also available.

• Subsequent injury – a previously injured employee who has received compensation and has returned to work for two months or more and is subsequently reinjured is eligible to receive compensation.

The Bureau of Labor Statistics consistently reports higher than average workplace injury rates for healthcare workers. The rate of injury incidents in some medical sectors are twice the national average, including hospitals and nursing care facilities. If you have been injured at work, require medical care and have been unable to earn your full wages for five or more days, you are entitled to Workers’ Compensation payments.

Unfortunately, it is not always easy to obtain benefits. There are several circumstances where it is particularly important that you contact an attorney for assistance.

• An employer has denied that you were injured while on the job;

• You have been refused medical treatment;

• You have received a Notice of Denial from the insurance company;

• Compensation was promised but has not materialized,

• You are without income;

• An employer or insurance company has requested your deposition;

• Your employer does not carry compensation insurance;

• A third party has caused your accident.

Only experienced counsel can advise you of the appropriate course of action to increase the probability of winning your claim. Your attorney can also provide information on the ways that claims can be settled including arbitration, mediation, and collective bargaining.

Healthcare workers have legal rights to compensation for work related injuries. A competent attorney will develop a strategy to ensure the best results in your claim. It is important to remember that if you retain an attorney because you have been denied benefits or face a change in benefits, that law states that the majority of attorneys’ fees will be paid by the Workers’ Compensation Insurer.