Friday, November 30, 2012

Workers' Compensation Rights - Understanding Employers and Employees Workers' Compensation Rights


Many of us put in our 40 hours, more or less, of work each week. Do we stop to think about what would happen if we had an accident while on the job? Many of our jobs do not require physical stamina but mishaps can still occur. Knowing what one's Workers Compensation rights are before they are needed will benefit both the employer as well as the employee.

Every state has set into place a unique set of rights for both the employer as well as the employee if an event of bodily harm were to occur. Every employer is to provide a copy of these rights to their employee's; usually the information is provided at the time of the hiring as well as posted where all employees can view them. It is not imperative that the rights are read, although they should be, it is a good idea to know that the workers compensation rights do exist and how to get proper assistance if needed.

In the event that bodily harm occurs during working hours and while on the clock, one's immediate supervisor must be contacted as soon as possible. It is imperative that the employer knows of the incident. This may sound like a waste of time, especially if the harm is minor, but in reality it is not. The incident must be noted in the employees' record for future reference, this is in case the injury becomes more serious and the appropriate medical care can be properly given per State workers compensation rights laws.

If an injury does occur and the assigned workers compensation doctor states that the employee must be off work for a certain amount of time, the employee can receive financial benefits. Financial payments that are generated are based upon the worker's average weekly wages. For the State of Oklahoma and, the most current (year 2010) State of Oklahoma Permanent Partial Disability or PPD rate is computed at 70% up to a maximum of $323.00.

Oklahoma workers compensation rights are provided per the Oklahoma Workers' Compensation Act which follows current state legislative and Court changes. If circumstances require additional funds or the funds are denied, the employee may submit an appeal. Depending upon the situation, legal counsel may be necessary for assistance in fully understanding the laws as well as the steps that may need to taken to appeal with the State.

Finding an attorney who is knowledgeable in both the common laws as well as the State's workers compensation laws is important as this will make the appeal process go smooth within the Court system as well as it is more likely that the employee will receive a higher settlement than if appealed themselves.

Not being able to work due to an injury that occurred while on the job is not what any employee or employer wants to happen. Understanding one's workers compensation rights is beneficial so that in the event that a mishap does occur, the financial compensation process will be less stressful and move at a quicker pace. Having an attorney, if needed, who can help with getting the most from workers compensation rights for either the employee or employer is key to a successful case for everyone.

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