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  1. #1
    Join Date
    Sep 2015
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    5

    Default Is Anybody Required to Inform Injured Workers of Their Rights

    Has anyone ever received a disclosure form or actual rules, instructions, info on work comp rights you may have or the rights you agree to give up by participating in work comp program? If so who sent it to you? Does anyone know if its even required? If its not, why not?
    I'm new to how worker comp actually works but now that I'm in the system all I've discovered is how many of my rights no longer exist because of Workers Comp Laws. Starting to wish I knew more before Work Comp Insurance started, I think I would have refused it. I should give credit for that to the delay and behavior of my claims handler, considering she said they didn't provide any of that info. Told me to speak with the Industrial Commission which produced very little. 4 weeks of nothing but internet browsing trying to figure it all out. This is only the beginning of what is unclear. Every time I research something new I find Workers Comp laws are hindering or eliminating my civil rights including OSHA Standards.

    If I'm incorrect in my findings, please tell me and where it is written.

    Not quite ready for legal council yet,but getting there fast.

    Thank you.

    - - - Updated - - -

    my post is showing admin issues....what are they.
    Last edited by WHEREDMYRIGHTSGO; 09-02-2015 at 06:54 AM.

  2. #2
    Join Date
    May 2010
    Posts
    586

    Default Re: Entering Blindly into the System. is Anyone Required to Disclose the Conditions

    Have no clue as your Civil Rights?....Are you wondering about HIPPA rules?...You are a open book when you are on WC, any and all records are theres to ask or look up, as it pertains to your injury...

    All work places should have posted all the state work rules.....And should be posted for all to read....

    Not sure what OSHA has to due with anything? Have you called them? Were they involved and showed up after your accedent?

    As suggested most of the time....Get yourself a good WC lawyer, because you will be in a constent fight with the incerance company that will use there lawyers to cheat you out of anything they can.....and will, if not represented!

  3. #3
    Join Date
    Sep 2015
    Posts
    5

    Default Re: Entering Blindly into the System. is Anyone Required to Disclose the Conditions

    Bad Faith laws which under any other insurance is applicable, Work Comp laws presently don't allow it under a Supreme Court ruling, although it has had its day in court many times ruling one way then the other. Now it varies state by state. Questioning this because of my own situation right now.

    HIPAA laws yes and to a certain degree understand why, but really to what extent is this is this advantage misused. Questioning this because of my own situation right now.

    No Fault law. This law says it all in its title. (my own words here, quite familiar OSHA as I've worked many years in industrial conditions) OSHA was established to create safe work conditions and enforce requirements of meeting those conditions. Creating standards to prevent unnecessary job injuries. If an employer is the cause do to fault or improper improvements such as proper tools, training, procedures and other safety standards citations can be administered, a warning to improve safety needs(usually with instruction) and a time period to make corrections so forth and so on. Point behind this when the employer could be shown at fault, this was probably more than enough to get your case handled quickly, regardless of many other factors.(opinion of mine, but logical I think)
    Which leads me to the security of your job under the Workers Comp laws. YOUR EMPLOYMENT IS NOT PROTECTED. As I led to this out of OSHA standards: An employer cannot discriminate or TERMINATE you on the grounds of being injured on the job. So OSHA creates this to protect us and the Work Comp law trumps it by kicking the door wide open. Good luck proving discrimination after that.
    Still just the surface of discovery I'm sure. Again, correct me if I'm wrong and where we all might get more educated.
    Thanks for your reply also.

  4. #4
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,744

    Default Re: Entering Blindly into the System. is Anyone Required to Disclose the Conditions

    You have no choice about whether you are in the comp system or not. Depending on your state, when you make a claim for a work-related injury, you are limited to the work comp system. A couple states have opt-out legislation that allows the employer to opt out of comp but as I understand it the injured worker does not get to exercise that option. IN most states, the work comp law is your "exclusive remedy" for a work-related injury.

    I do not think that OSHA regs establish for you any "civil rights."

    You are probably overdue for getting a lawyer for your comp claim.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  5. #5
    Join Date
    Sep 2015
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    5

    Default Re: Entering Blindly into the System. is Anyone Required to Disclose the Conditions

    Thanks for the info. That one would be my "Workers Rights" under OSHA.

  6. #6
    Join Date
    Oct 1971
    Posts
    4,987

    Default Re: Entering Blindly into the System. is Anyone Required to Disclose the Conditions

    WHEREDMYRIGHTSGO
    Quote Quoting WHEREDMYRIGHTSGO View Post
    Thanks for the info. That one would be my "Workers Rights" under OSHA.
    What rights are your speaking of?
    Where did you get this info?
    When making statements of fact or quoting laws, you need to provide a source to support your statements, it saves me the time of fact checking.

    Under the OSH Act, employers are responsible for providing a safe and healthful workplace. OSHA's mission is to assure safe and healthful workplaces by setting and enforcing standards, and by providing training, outreach, education and assistance. Employers must comply with all applicable OSHA standards. Employers must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards.
    https://www.osha.gov/law-regs.html

    Workers' rights under the OSH Act
    Workers are entitled to working conditions that do not pose a risk of serious harm. To help assure a safe and healthful workplace, OSHA also provides workers with the right to:
    ◾Ask OSHA to inspect their workplace;
    ◾Use their rights under the law without retaliation and discrimination;
    ◾Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language you can understand;
    ◾Get copies of test results done to find hazards in the workplace;
    ◾Review records of work-related injuries and illnesses;
    ◾Get copies of their medical records;
    https://www.osha.gov/workers/index.html

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Sep 2015
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    5

    Default Re: Entering Blindly into the System. is Anyone Required to Disclose the Conditions

    OSHA is Occupational Safety & Health Administration a regulatory division of the United States Department of Labor. https://www.osha.gov/workers/index.html
    all that follows is copied and pasted from their site and I have been informed of discrimination against employees under OSHA's power for over 30 working years in the industry. I encourage all to read carefully. Section 11(c) OSHA ACT

    You Cannot be Punished or Discriminated against for using your OSHA Rights: The OSH Act protects workers who complain to their employer, OSHA or other government agencies about unsafe or unhealthful working conditions in the workplace. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you used any right given to you under the OSH Act. Help is available from OSHA for whistleblowers. Your right to report injuries

    As a worker in the United States, you have the right to report work-related injuries and illnesses.

    Under OSHA law, your employer must develop a process for workers to report a workplace injury or illness and ensure that you are able to use this process. It is your employer's responsibility to guarantee that workplace practices do not discourage workers from reporting their injuries or illnesses.

    If your employer does discriminate or retaliate against you for trying to report an injury or illness, you have the right to file a retaliation complaint with OSHA. You must file the complaint with OSHA within 30 days of the alleged reprisal.
    MORE :
    Protection from workplace retaliation means that an employer cannot take an "adverse action" against workers, such as:

    Firing or laying off
    Blacklisting
    Demoting
    Denying overtime or promotion
    Disciplining
    Denial of benefits

    Failure to hire or rehire
    Intimidation/harassment
    Making threats
    Reassignment affecting prospects for promotion
    Reducing pay or hours

    - - - Updated - - -

    or just go to https://www.osha.gov/ select WORKERS RIGHTS TAB or the ANTI-RETALIATION TAB both of these tabs will take you to the information I'm referring to.
    I only wish I could be as confident in my knowledge of Workers Comp.

    - - - Updated - - -

    Hoping to make more clear in my intent of my post.
    Does anyone know if we have the right to receive disclosure of the conditions of workers comp insurance prior to our "non-consensual contract"?
    Last edited by WHEREDMYRIGHTSGO; 09-02-2015 at 10:20 PM. Reason: to make corrections from OSHA provided info

  8. #8
    Join Date
    Oct 1971
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    4,987

    Default Re: Entering Blindly into the System. is Anyone Required to Disclose the Conditions

    Those "Rights" sound nice but - since the Reagan era war on the middle class and Unions, employers use that OSHA handbook for toilet paper.

    Basically any laws concerning employee rights are unenforceable, unless you are wealthy.
    Employers know the system is on their side, they don't have to abide by any laws concerning safety or the basic human rights of their employees.
    They feel you are lucky to have a job and they are Godly (seriously, they even call themselves job "Creators") basically you are their personal servant - if that's a problem you can take a hike.

    Welcome to America, the home of the Rich.
    Hell that even applies to presidential elections, you can be completely incompetent and crazy as hell - you can still run as long as you're a millionaire.
    The scary part is, there's a group of the richest 1% that will support you just for a tax break, regardless of how many innocent lives will be lost.
    They call that those "strong conservative values" you know - ignorance, greed, depriving the poor, screwing your employees and avoiding taxes.

    Look at the carnage from the Bush era - over a million innocent civilians and 5,000 American troops died for the tax breaks for the rich - not one person has been held accountable to date, neat huh?
    It's a sad state of affairs in America, this country's been hijacked by a gang of money grabbing pirates.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
    Join Date
    Sep 2015
    Posts
    5

    Default Re: Entering Blindly into the System. is Anyone Required to Disclose the Conditions

    Yes I agree there are more problems with the entire legal system within state and federal government....to include the for-mentioned question or questions I actually hope to hear peoples understanding of. I still feel this is the first issue entering into the workers comp system.
    Does anyone know if we have the right to receive disclosure of the conditions of workers comp insurance prior to our "non-consensual contract"?

  10. #10
    Join Date
    May 2010
    Posts
    586

    Default Re: Entering Blindly into the System. is Anyone Required to Disclose the Conditions

    Quote Quoting WHEREDMYRIGHTSGO View Post
    Yes I agree there are more problems with the entire legal system within state and federal government....to include the for-mentioned question or questions I actually hope to hear peoples understanding of. I still feel this is the first issue entering into the workers comp system.
    Does anyone know if we have the right to receive disclosure of the conditions of workers comp insurance prior to our "non-consensual contract"?
    Why do you think it is "None Consensual contract"?.....You file a claim its exepted or not....Hell we dont even know whats wrong with you other than trying to sound like a law student, trying to reinvent the wheel....Its all quit simple, just a pain in our rears!

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