Per OSHA on Workplace Personal Injury: The System is Broken

Clore Law · March 13 2015

A recent report from OSHA dares to go where no one else who deals with workplace personal injury has gone before. The 16-page document blatantly refers to the workers' compensation system as "broken" and details how employees suffer long-term consequences beyond their physical wounds as a result. Taking a humanistic approach, OSHA points out that, "Statistics are people with the tears washed off," and calls for a dramatic shift in accountability. How Workers' Compensation is Supposed to Function In Charleston, personal injury from workplace incidents is overseen by the South Carolina's Workers' Compensation Commission. Most employers are required to purchase insurance designed to compensate employees who are hurt on the job. Employers are protected from litigation, and employees are entitled to medical care, as well as supplementary income while they're unable to work. The state agency helps resolve disputes between the employee and employer or the employer's representative, and also establishes guidelines involving compensation. It Sounds Simple, But Employment Misclassifications Help Employers Dodge Responsibility Sadly, many employers today are hiring people as contract employees, instead of direct employees. In these situations, employees who are hurt aren't entitled to the same benefits, even if they are acting as a traditional employee. Moreover, groups of employees or contract workers from different staffing firms are gathered together on the same worksite. Although this kind of staffing was once only common on construction sites, it has become more mainstream. Because of this, there is often no agency or employer who takes the lead in regard to ensuring a safe worksite, and more accidents occur. Employees and their Families Pay for Personal Injury Through their research, OSHA determined that the breakdown of how expenses are being paid is unfair.

• Employees pay 50% out-of-pocket
• Workers' compensation pays 21%
• Private health insurance pays 13%
• Federal government pays 11%
• State government pays 5%

Employees and their Families Suffer Long-Term Consequences When an employee is seriously hurt on the job, the issues that result are manifold. First, fewer than 40% of eligible employees actually file to receive the benefits they're entitled to. This means they're either shouldering the expenses themselves, or going without medical treatment and assistance. Secondly, their long-term income prospects are dismal, at best. It was discovered that those hurt on the job bring in 15% less (on average $31,000), 10 years following their incident. Employees who already live in poverty have no chance of escaping, and those who were barely making it before their accident become ensnared as well. In addition to the financial aspects, quality of life is often diminished, as the employee may no longer be able to enjoy the same things or perform duties as before. This places a burden on family members to pick up the slack- economically, in regard to household duties, and in caring for the hurt employee.

Charleston Personal Injury and Workers' Compensation Attorney

If you or a loved one has been hurt on the job, compensation may be available. Even if the employer did not have insurance, they may still be required to provide for care and other issues that result. Moreover, there may also be third parties involved who directly contributed to the incident, and they, too, can be compelled by law to provide reparations. If you need help navigating the "broken" system, please contact us for a free consultation. We can be reached online, or you can speak to an attorney right away by calling1(800)610-2546.