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The onus is on the employees to discharge their duties in a secure manner so that they do not subject themselves or the co-workers to bodily harm. There are many laws that safeguard an employee who falls ill or gets injured at work. The employee also has rights to get his/her medical requirements catered to. However, the law has guidelines that one needs to adhere to when one gets injured at work. Adhering to the guidelines may be confusing and may create doubts as to what needs to be done. Below are a few questions that have been answered regarding injury at work: There has been an injury that has been caused at work. The surgery that was undertaken to remedy the injury was unsuccessful and there was a permanent damage. As a result of the employee’s absence to work; the employee was terminated. What options does this employee have as no attorney is willing to take up his/her case?
Considering the situation, it seems that the employee may get a substantial settlement if the doctor attests disability and advises the employee not to work. One may also approach the State Bar Association who may assist in giving attorney referrals. In addition, the employee may be eligible for social security disability benefits. At work an employee gets injured and undergoes a surgery. After the surgery, the employee returns to work and files for workers’ compensation. However, in order to avoid losing vacation compensation, the employee is required to go on a vacation. If the employee goes on a vacation, will he/she loose the workers’ compensation claim?
There will be no impact on the workers’ compensation claim if the employee goes on a vacation. However, the doctor should give his/her permission. The employee should take care to not act in a manner that would indicate that there was no injury. Is the employee liable to return the claim money that has been received through the workers’ compensation if the injury sustained at work was because of the employee’s carelessness?
The employee is not required to return any benefit that was received through workers’ compensation and the employer has no rights to claim it. Benefits are provided through workers’ compensation for the injury that was sustained at work (does not matter if the cause of injury was the worker’s negligence). Consider a situation where an employee sustained a wrist injury while at work. This is covered under workers’ compensation. The doctor, who is a company-referred doctor, complicates the injury and this leads to the employee loosing his/her arm (new injury). Does workers’ compensation cover this new injury?
The new injury would not be covered under the workers’ compensation as this was not sustained while at work. However, one may file a malpractice claim against the doctor for the new injury that was sustained when the employee was under medical care. In Nebraska, an employee sustained a back injury at work. After ten years of sustaining the injury, can the employee hold the employer responsible for this?
In the state of Nebraska there is a four year statute of limitations from the date the injury was sustained. As the injury was sustained before ten years, the employer cannot be held responsible. Further, it does not seem that anyone (employer nor the authorities) were notified about the injury. Therefore, the employer cannot be held responsible for any medical or emotional issues as a result of the injury. Is it legal for an employer to terminate an employee after he/she has sustained an injury at work? Further, if an employee’s pre-existing medical problem has worsened due to work; can he/she be compelled to use Family and Medical Leave Act (FMLA) leave?
If an employee has injured himself/herself at work; then he/she may not be fired because of this injury. With regards to the pre-existing medical problem, a workers’ compensation (WC) claim/injury report has to be petitioned by the employee. The employee may be eligible for compensation for the new work-related injury. One may approach the WC attorney for guidance with regards to the information that should have been disseminated by the employer regarding rights of the employee to file for benefits. The State Bar Association who assist in giving attorney referrals may be contacted. The employee may be compelled to use the FMLA leave along with the WC benefits. However, the employer should not fire an employee because he/she filed a claim under the WC in the event of availing leave beyond the 12 weeks permissible under the FMLA. Is it an acceptable practice to have the medical report of an employee reviewed by another doctor when an employee has sustained an injury at work?
The employer may consult (request for a review of the medical reports) the company physician with regards to the employee’s ability to get back to work after an injury. The company physician has to adhere to the patient confidentiality where the physician cannot divulge medical details of the employee to the employer. However, the physician may notify the employer of any restrictions that the employee may have with regards to the work and may inform the employer if the employee is fit to return to work. It is important that employees discharge their duties in a secure manner so that they do not subject themselves or the co-workers to injuries. At times, injuries may be sustained by the employees and are unforeseen. One should understand the laws that are made to assist them during these difficult times. It is always a good idea to ask an employment lawyer for answers to any specific legal questions you may have.
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