Pre-Paid Legal Advice:

General Workplace Accident Info

By Welch, Gold & Siegel – Pre-Paid Legal Services, Inc., Pennsylvania

What is workers compensation based on?

Workers compensation is based on the type of injury suffered; how much your wages were at the time of your injury; the length of your injury; and whether or not you suffer from a permanent loss or a specific loss.

Employers should listen to employees' concerns about unsafe and hazardous situations. Particularly, in construction, forestry, trucking, and mining…all male-dominated occupations, macho-ism seems to override safety.

Each year, more than four million Americans are injured at work or suffer from an occupational illness.

Every work environment should adopt safety procedures and provide adequate training. Employees should know what to do in an emergency to save lives. Instructions should be in English and Spanish or whatever languages are required to serve the workforce of a particular business. Employees should be made aware of ergonomics to prevent workplace injuries and reduce repetitive motion disorders. Safety training should be ongoing and a safety checklist adhered to and reviewed on schedule not just when a work-related accident happens.

Can employees be punished or discriminated against for complaining to their employers, unions, or government agencies about unsafe working conditions?

Legally, no, there are laws in place for protection. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you have exercised any right afforded to you under the OSH Act. If any of the above has happened, you must file a discrimination claim within 30 days to OSHA.

Whatever happens, don't be short changed regarding your workers compensation.

Here are a few important tips to remember: Don't sign anything unless you have YOUR lawyer look it over. Don't rely on your employer's lawyer; s/he doesn't have your best interest in mind. If you already signed something, show it to your lawyer or find one to look it over. Don't give up just because you already signed something. Don't return to work too soon until you're really able to go back to your previous job.

Get your own workers compensation lawyer. You need someone in your corner now more than ever.