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Department of Labor says States are Failing Injured Workers

Posted on Oct 13, 2016

DOL LogoGetting hurt at work is something that no one ever expects. In spite of safety precautions taken by both employees and the companies they work for, on-the-job accidents still happen. Injured workers have the right to be compensated for their injuries as is provided by our country’s laws that were designed to help workers in such instances.

However, according to a report from the U.S. Department of Labor that was recently released, workers who get hurt on the job are at “great risk of falling into poverty”. The reason, according to the report, is because worker’s compensation systems that are run by the states are failing to provide injured workers with adequate benefits. In recent years, OSHA has had similar findings to what is in the report which can be viewed on the ProPublica website.

The report’s findings show a disturbing trend that states have regularly been creating hurdles for injured workers and placing limits and restrictions on the collection of workman’s compensation benefits. Since 2003, there have been 30 states that have changed their laws to be restrictive enough to cause injured workers to lose their homes or be denied medical treatment recommended by their doctors such as surgeries or even prosthetic devices. The decrease in state benefits has been an attempt to shift the cost onto the workers and their families and federal programs such as Social Security and disability benefits.

Legislation has been drafted and introduced in an effort to address the findings in the report. It is hoped that the next session of Congress can act on these important matters for the protection of the safety of American workers and their families.

Worker’s compensation was begun nearly a century ago and it was created in order to be a safety net for workers who were hurt on the job. Workers who meet the requirements can and should be able to receive workman’s compensation benefits such as if you are working for someone else and your injuries were sustained while you were on the job performing your duties. If you are diagnosed with a condition that was directly caused by your work, such as carpal tunnel syndrome or lung disorders or cancer from handling materials on the job, you care also eligible for compensation.  As long as you abide by all of the requirements of workman’s compensation and report the injury within 30 days, then you have the right to file and collect on a claim.

If you were injured on the job in New York, your employer is required to pay for benefits. There are many specifics to a worker’s compensation claim.  At Goldstein & Bashner we are committed to representing our clients and are here to answer any and all of your questions regarding your situation.

Contact us today at 516-874-7303 with any questions regarding your case.

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