Have you been injured on the job as a result of employer negligence? You may be entitled to compensation for your suffering. Employers are responsible for taking all possible appropriate action toward maintaining a safe work environment. Sometimes this means external regulations, and always means routing oversight of the workplace. When the chain of safety breaks down, employees such as yourself could be in danger of injury or loss of life. Employees can also play a part in avoiding work injuries. Recognizing risk factors are a vital part of maintaining proper safety standards on the job.
Risk factors for workplace accidents
- Negligent hiring can lead to someone getting hurt. Unqualified employees can inadvertently cause a problem. If you see reason to question coworker’s qualifications in a dangerous situation, report the incident to your boss or supervisor. Follow up to make sure the right people are aware of a potential accident.
- Failure to provide adequate safety equipment can also result in a dangerous situation. Becoming familiar with OSHA’s guidelines can help you recognize the requirements for a safe workplace. If your employer does not provide this information, you can go to www.osha.gov to learn on your own.
- Failure to maintain machinery is dangerous in any setting. If you see a problem, report it immediately. If the problem is not resolved, refuse to continue working with the machine. If this causes an issue, call your attorney for help with exercising your rights while insisting on a safe workplace for yourself and fellow employees.
- Improper or inadequate training can lead to injury or death. A most effective tool in the hands of an untrained worker can be devastating. For example, someone unfamiliar with the proper use of the guard on a table saw could cause the parts to fly off and result in an eye injury, or even a cut hand or finger. If you have not been properly trained, or feel uncomfortable running the tools for your job, ask for additional help.
- Drowsy or inattentive workers can be hazardous. If you suspect that a coworker is tired, under the influence of medication or alcohol, or inattentive for another reason, speak to them or your supervisor. Also, be attentive to your part of the job in the best way you can and avoid work injuries whenever possible.
There is no need for you or anyone around you to suffer injury or loss of life because of an employer failure to observe standard safety protocol. If you have been forced to cope with premature or unexpected loss of a loved one due to employee negligence, you may be able to pursue the resources that you need to address related expenses. Call the friendly folks at Litster Frost today and let us help you with a lawsuit to recover some of your loss from your accident. Workplace injuries need not ruin your life. Let the professionals insure that negligent employees are held accountable for irreparable harm they have caused. Find compassionate and experienced legal representation that you deserve today.
The Idaho Industrial Commission receives about 45,000 reports every year from people who have been injured on the job. Of those, more than 36 are for fatalities. If you’ve suffered a work-related injury or illness, this incident must be reported to the Idaho Industrial Commission. Once your injury or illness has been reported, you should also seek legal advice regarding your claim, even before the initial filing.
If you were injured on the job you may be entitled to benefits. If a claim is denied, you may dispute the denial. Contact Litster Frost Injury Lawyers to set up a consultation regarding the filing of your claim or disputing the denial of your claim.
Work-Related Injuries or Illnesses
If you have been injured on the job or you believe an illness is job-related, tell your employer right away. Immediately get medical care for the injury or illness. Make sure you let the medical care provider know that your injury or illness is related to work.
Your employer may want you to see a designated doctor to treat any work-related illness or injury unless you need emergency care. Before you go to the doctor, ask your employer if you should go to your own doctor or if the employer has a designated physician. If you want to see your own doctor, you have to have your employer’s permission. You may also ask for approval from the Idaho Industrial Commission to see a doctor of your own choosing.
Reporting an Injury or Illness
To report an injury or illness, typically the employer or a representative completes the First Report of Injury or Illness Form, though the employee may also complete the form. If the injured employee fills out the form, he or she must also send a copy to the employer, to the employer’s workers compensation insurer, and to the Idaho Industrial Commission. Instructions for sending copies of the completed form are in the instructions for the form. It may be mailed or emailed to the Commission.
Benefits for Injured Employees
The Idaho Industrial Commission has a table to find out how much you will receive in benefits. Figure your benefits by converting the average weekly gross wage to a percentage and then converting that percentage to a dollar amount that you would receive every week, based on the Commission’s chart. In most cases, the basic benefit is 67 percent of your average weekly wage. The benefit is subject to minimums and maximums as outlined by Idaho Code. Additional benefits may include mileage reimbursement, rehabilitation services and survivor death benefits.
Issues with Filing Workers Compensation
Sometimes, filing a workers compensation claim goes smoothly. However, there are some times when it doesn’t. Whether an employer doesn’t file the initial form or your claim gets denied, many things could happen to prevent you from collecting weekly benefits.
Your Employer Has Not or Will Not Fill Out a Work Injury Report
Call the Idaho Industrial Commission to report an employer for failing to or refusing to submit a work injury report. You may also request a copy of the form so that you may complete it yourself. Once the report has been filed, the Idaho Industrial Commission will register your claim. You may also contact Litster Frost Injury Attorneys to help you with requesting and filing this initial report.
To find out if your employer has workers compensation insurance, you may contact the Idaho Industrial Commission by phone or use the online search.
The Insurance Company’s Independent Medical Examiner Disagrees with Your Doctor
If the insurance company’s independent medical examiner or designated doctor does not agree with your doctor, file a formal complaint with the Idaho Industrial Commission. The complaint filing will start the legal process so that the commission schedules a hearing and makes a decision. An attorney can help you with this process.
Your Claim Has Been Denied
The insurance company may deny your claim. If that happens, file a complaint with the Idaho Industrial Commission. This action starts the formal legal process. If you have been trying to get workers compensation without an attorney, you should retain an attorney for this process. Once the complaint is filed, the commission will schedule a hearing and issue a decision.
Statute of Limitations
As soon as you are hurt on the job or learn that you have a disease or illness caused by your job, you need to report the injury or disease to your employer. If you wait more than 60 days to report an injury, you could lose any workers compensation benefits.
If you have reported your injury or illness to your employer, you are not barred by time for collecting medical benefits. If your claim was paid with a lump sum settlement, you are barred from collecting any more benefits according to IC 72-7006(5).
As to income benefits, you must meet the filing and notice requirements. Once you have met them, any income benefits may be subject to the statute of limitations. If you received benefits for more than four years and those benefits have stopped and the disease or injury reappears, you have one year from the date of the last payment to file for additional benefits.
Furthermore, if you did not receive benefits during the first year of the date of the injury or illness, you may be barred from receiving benefits after that time.
Death Benefits
If a person dies because of a work-related disease or injury, the spouse of the deceased may be entitled to benefits for 500 weeks. However, if the spouse of the deceased remarries, benefits change. If the deceased has surviving children, they will receive benefits until they turn 18 years of age. Benefits for children are limited to three children. These benefits are based on the average weekly state wage.
If a person dies within four years after a work-related illness or injury and his or her death is related to the injury or illness, the surviving family may be entitled to some compensation for funeral expenses.
Contact Litster Frost Injury Lawyers in Boise
If you live in the Boise area and have been injured on the job or if you have an illness that was caused by your job, or if a family member has passed away due to a job-related accident, contact Litster Frost Injury Lawyers for a consultation.
