Workers’ Rights After Being Diagnosed with a Work-Related Illness

Not all employees are aware of their rights when they acquire illnesses because of their work. Regardless of the industry, it is basic for workers to have a healthy and safe working condition. Every employer must provide a workplace that’s free from any anticipated or known dangers that could harm the worker. Employers are responsible for the medical conditions of the employees while performing any work-related tasks. 

The importance of workers’ compensation is evident in its implementation. It covers both private and state and local government sectors. It does not only protect the employees but also the business from financial losses.

What are the rights and benefits of the employees after being diagnosed with a work-related illness?

 Right for Medical Treatment

If an employee acquires an illness caused by the employment, a worker’s compensation claim may be filed to help pay for the medical treatment. This includes:

•         Medications
•         Physician’s appointments
•         Hospitals and emergency room visits
•         Rehabilitation and therapy
•         Recovery equipment

After the approval of the workers’ compensation claim, the employer and insurer should cover all necessary and reasonable expenses resulting from a workplace injury or illness.

 Disability Benefits

There are instances that a work-related illness or injury can result in employee disability. The disability normally falls into four categories:

• Temporary total disability. The inability of an employee to work for a certain period but will return to work at full capacity once recovered.
• Temporary Partial Disability. An employee can still work but with a reduced number of hours. A partially disabled worker may work on shorter hours without needing time off.
• Permanent total disability. This means an employee is unable to work completely
• Permanent Partial Disability. An employee may still return to work but can’t perform the duties and tasks before the injury or illness.

Although strictly implemented, some states like Wisconsin, California, New Mexico, Oregon, Washington, and New Mexico have slight arguments on wage losses and considered employee disability as one of the contentious issues. The calculation of wage payments may also vary. Just recently, a Notice of Temporary Changes to Workers’ Compensation Rules has been issued in Oregon. A qualified Portland workers compensation attorney can explain this in detail. The revision and changes affect the calculation of the average weekly wages of irregular workers. You can seek advice from your lawyer who can provide in-depth information on the impact of these changes on your claim.

Vocational Rehabilitation

Disabled employees are entitled to vocational rehabilitation to help them acquire new skills that will be useful once they return to work. They may not be able to perform the same role so they need specific skills and training.

Death and Funeral Benefits

In unfortunate situations where employees lose their lives due to work-related illness or injury, the workers’ compensation will provide payment of benefits to their families and beneficiaries. In most cases, the family members and beneficiaries living with the deceased employee will receive the benefits. Normally these are the spouses, elderly parents, and children.

Aside from understanding the conditions of the employment, knowing the health and safety requirements of the workplace, it is also vital that employees should know how to protect their rights. Similarly, employers have the responsibility to ensure a safe and healthy workplace for their workers. These will increase productivity and prevent future work-related problems.