As a healthcare worker, you’re someone others turn to when they need treatment for an injury or illness. Sadly, this puts you in a prime position to suffer your own injuries and illnesses.
On-the-job injuries are far from uncommon among healthcare workers. In fact, according to the Occupational Safety and Health Administration (OSHA), healthcare is one of the most hazardous industries for employees, with more than 250,000 work-related injuries or illnesses reported each year.
If you’re a New York healthcare worker who was seriously injured on the job or diagnosed with a devastating occupational disease, you can find yourself out of work for days, weeks, or even longer—while your medical and household bills mount. Workers’ compensation benefits can cover your medical treatment expenses and help you make ends meet until you’re ready to return to work. Here’s what you should know before filing a workers’ compensation claim in the Empire State.
Common Workplace Risks for Healthcare Employees
Healthcare workers can face numerous on-the-job risks, including:
- Repetitive and physically demanding activities (such as frequently lifting, repositioning, and transferring patients)
- Combative patients
- Wet or slippery substances on floors
- Unexpected objects in walkways
- Needle sticks
- Allergy-causing substances
- Infections
- Frequent contact with contagious patients
- Exposure to bodily fluids of ill patients
The use of proper safety equipment and protocols can help ameliorate some of these potential hazards, but workers can face additional and unnecessary risk when safety equipment isn’t available or using it isn’t standard procedure.
On-the-Job Injuries Among Healthcare Workers
Healthcare workers can suffer wide-ranging injuries and illnesses in the workplace. Some of the most common injuries that require healthcare workers to miss work include:
- Abrasions
- Lacerations
- Contusions
- Muscle strains and sprains
- Back injuries and pain
- Broken bones
- Overexertion injuries
- Repetitive stress injuries
- Sleep deprivation
- Illnesses
New York Workers’ Compensation Benefits for Healthcare Workers
As an injured healthcare worker in New York, you may be entitled to the following workers’ compensation benefits:
- Medical treatment coverage for your work-related injury or illness
- Prescription drug coverage
- Medical equipment, if necessary
- Partial wage replacement payments
You become eligible for indemnity payments if your injury or illness keeps you out of work for seven days or longer. If you’re out of work for 14 or more days, you may be able to recover partial wage benefits for the first seven days you were absent.
Injured While Working at a Hospital: Unique Risks to Hospital Workers
Many occupations have associated hazards. Construction workers are more likely to suffer injuries related to falls or malfunctioning equipment, while taxi drivers are at risk of accident-related injuries like whiplash, broken bones, or concussions.
Hospital workers face a unique set of risks due to their regular interaction with contagious and often violent patients. According to OSHA, hospitals are among the most dangerous places to work in the United States, with 6 injury cases out of every 100 private hospital workers in 2011.
If you receive an injury while working in a hospital, an experienced New York workers’ compensation lawyer like O’Connor Law can make sure you get the compensation and benefits you are legally entitled to.
Why Are Hospitals So Dangerous?
People generally associate hospitals with healing, so they may be surprised at the high rate of on-the-job injuries among hospital workers. This rate has several causes, including the fast pace of work, the amount of lifting involved, the potential for slips and falls, and the exposure to contagious diseases. Hospital workers also have to contend with sometimes violent visitors or patients and accidents involving needles.
In addition to potential injuries inside the hospital, some workers face risks associated with transportation, including ambulance and helicopter crashes.
Sprains
Two of the most common injuries hospital workers report are muscle strains and sprains. Workers regularly transfer patients from one bed to another and often need to move heavy medical equipment from room to room.
Lifting heavier patients can result in muscle strain in the back, neck, and arms. A pulled back muscle can cause problems throughout the body, making it difficult for a nurse or doctor to continue working. Back problems can also be challenging to prove since they often stem from seemingly innocuous activities and can slowly worsen over time.
Repetitive stress injuries (RSIs) like tendonitis, tennis elbow, and carpal tunnel syndrome are also common. RSIs occur when someone repeats the same motion again and again. Because many nurses and doctors have a routine, they are at a higher risk for developing an RSI. With the widespread use of computers in hospitals, carpal tunnel syndrome is a likely injury, especially for people typing without a supportive chair or ergonomic keyboard.
Cuts and Pricks
Hospital workers regularly work with needles, scalpels, and other sharp implements. Although there are many safety regulations workers need to follow, accidents can always happen. If there is an accident, it can range in severity. Being pricked by a clean needle likely won’t cause much damage, although you should still report the incident to your employer, but a dropped scalpel could cause serious injury.
Exposure to Disease
Hospitals are hotspots for diseases. In addition to the dangers of pricks from dirty needles, workers routinely encounter biowaste, sometimes without protective gear. These encounters can increase the likelihood that a nurse, orderly, or doctor contracts the patient’s disease.
Hospitals also face a shortage of PPE (Personal Protective Equipment), particularly this year. Many workers had to treat patients with damaged, minimal, or no PPE, creating a unique risk. There is evidence that the more exposure someone has to the novel Coronavirus, the worse their symptoms will be if they contract it.
There are many highly contagious virus in the population. If hospital workers don’t have adequate access to PPE or are exposed to an infection due to human error, they may be eligible to receive workers’ compensation benefits.
Violence
Seventy-five percent of workplace assaults occur in hospitals, making them so commonplace that many hospital workers consider it part of the job. Assaults are particularly common in Emergency Departments and psychiatric wards against both nurses and doctors.
Sometimes, people not associated with hospital workers or current patients come into the hospital intending to cause violence. Far more prevalent are the attacks from patients’ family, friends, or enemies. Other attacks come from other healthcare workers, previous employees, friends, ex-partners, or hospital workers’ family members.
Patients under the influence also sometimes respond violently to medical workers offering aid, causing injury.
Because hospitals are such high-stress environments, it is not surprising to see workplace violence. However, if a coworker, patient, or bystander attacks you at work, you should immediately report the incident to your employer and apply for workers’ compensation.
Transportation Accidents
Sometimes, patients need to be transported to another hospital quickly. Hospitals use helicopters and ambulances to transport these patients, opening up the possibility of crashes and subsequent injuries.
Unfortunately, due to the speed with which ambulances travel, the fatality rate among ambulance crashes is much higher than the average vehicle fatality rate. If your loved one died in an ambulance crash while working, you might be able to apply for death benefits, which can cover up to two-thirds of their weekly wage and funeral costs.
Protect Your Rights
If you are a hospital worker and received an injury at work, whether through malicious or accidental actions, you are likely eligible for workers’ compensation in the state of New York. At O’Connor Law, we specialize in fighting for injured workers’ rights.
Call us today at (914) 228-7799 to schedule your free consultation and learn more about what benefits you can receive. Don’t wait to call; the longer you wait to file a workers’ compensation claim, the easier it is for your employer to deny you the benefits you are legally entitled to receive. Let our team handle the paperwork and deadlines, so you can focus on resting, healing, and returning to work.
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Understanding Your WC Rights: Obtaining Workers’ Comp for a Dislocation as a Home Health Aide, NYC Workers’ Compensation Lawyer Explains
One of the secretly most physically-demanding jobs in New York City is working as a home health aide. Unless you are a home health aide, a patient, or someone who hired help for a loved one, you may not realize the level of physical labor, lifting, carrying, pulling, and constant movement that is required of a home health aide. As a result of this heavy physical work, many home health aides suffer injuries on the job. One particularly devastating injury is a dislocation as a home health aide. This type of injury is not only extremely painful, but our NYC workers’ compensation lawyer knows that a dislocation as a home health aide can also result in months of recovery, permanent disability, and force an early retirement.If you or a loved one were seriously injured in a work accident or have a work-related injury, call O’Connor Law to schedule a FREE consultation to learn how we can help you obtain workers’ compensation benefits for a dislocation as a home health aide. We have a proven track record of success handling medically-complicated WC claims, including for home health aides in New York City. Our compassionate and experienced team can handle your claim from giving notice to an employer all the way through gathering evidence, representing you at a hearing, and handling an appeal. Learn more about our services and how we can help you by calling our experienced NYC workers’ compensation lawyer by dialing toll-free at (914) 228-7799.
Workers’ Comp for Home Health Aides
Employees who suffer a work-related injury or illness may be entitled to workers’ compensation (WC) benefits to recover medical bills and up to two-thirds (2/3s) of wages. Other benefits may be available in certain circumstances. Homes health aides may be entitled to WC benefits for injuries occurring on or due to their employment, including a dislocation as a home health aide. New York law does not require applicants to establish liability or fault, only that the injury is work-related.
What is a Dislocation Injury?
A dislocation is an injury that occurs when the bones of a joint are forced out of place. This could be due to trauma, such as an impact in a fall, or from weakening muscles or tendons (including from injuries or wear) that can separate when pulling, carrying, lifting, or otherwise putting an excessive load on the joint. Dislocations can either be partial or full, both requiring treatment to properly put the joint back into place or ensure it has been put back into place.Treatment for a dislocated joint may require nothing more than imaging and RICE (rest, ice, compression, and elevation) if the joint pops back into place itself. Or it could require life-saving surgery to put the joint back into place and repair damage to nerves or blood vessels running along the joint.
Common Types of Dislocations a Home Health Aide May Sustain at Work
Our NYC workers’ compensation lawyers know that a dislocation as a home health aide can occur in many different ways. There are also many different types of dislocations that could result in serious or permanent injuries, including injuries that force early retirement due to permanent disability.Generally, any joint can be dislocated and allow for a WC claim. Some of the most commonly dislocated joints for home health aides include the following:
- Knee dislocations – this type of dislocation is often an emergency and can be caused by falling, or by carrying out duties such as lifting, carrying, or otherwise assisting a patient. Many knee dislocations require surgery.
- Shoulder dislocations – although the shoulder is very strong and mobile, lifting heavy weight and applying force on the joint can result in a shoulder dislocation. This is often an extremely painful dislocation and often results in months of disability or recovery, sometimes an early retirement because nearly every facet of a home health aide’s job requires arm or shoulder use.
- Ankle dislocations – a twist or misstep while carrying a patient, equipment, or other heavy loads can result in an ankle dislocation. This type of dislocation often requires surgery to repair damage done to the bones, ligaments, and tendons in the joint, which often tear.
- Hip dislocations – although not common, a hip dislocation is often career-ending for a home health aide. The hip joint usually does not return to its normal strength, and individuals who have had a hip dislocation will often be prone to another one—usually with a lower threshold before it can be injured.
- Elbow dislocations – another uncommon type of dislocation, an elbow dislocation is also one of the most painful because of the major nerves that go through the narrow joint. Even minor dislocations can result in extreme pain, and sometimes cause damage to nearby blood vessels.
Getting Workers’ Comp for Home Health Aide Shoulder Injuries
One of the most underappreciated jobs is that of a home health aide in New York City. The work of home health aides is vital because they help individuals live independently at home by visiting and performing important daily living tasks, including personal care and hygiene, light housekeeping, medication administration, wound care, catheter replacement, meal prep/checks, and companionship. This makes being a home health aide a very physical and demanding job, susceptible to injuries such as shoulder injuries. Our workers’ compensation lawyer in NYC knows that home health aide shoulder injuries can be debilitating and keep an individual from working, resulting in medical bills and lost wages.Despite this, not all individuals who apply for workers’ comp benefits will obtain the full compensation that they deserve for their injuries. This is because some workers’ compensation carriers and their WC adjusters will limit the compensation you may be entitled to by arguing there were pre-existing conditions or by using an independent medical examiner who undermines your level of disability and directs you to return to work before you are ready. If this sounds familiar to you, learn more about how our experienced NYC workers’ compensation lawyer at O’Connor Law can help you by calling toll-free at (914) 601-7328.
Why Home Health Aide Shoulder Injuries Can be Devastating for Individuals and Patients
Home health aides rely on their shoulders and arms to do the majority of their job. This includes not just performing routine tasks, but also lifting patients out of bed, into tubs, in and out of wheelchairs, and stabilizing patients in and out of showers. Shoulder and arm strength are also necessary in emergency situations, such as lifting a fallen patient off the floor, rendering CPR, or giving life-saving Heimlich/choking assistance.Outside of medical and emergency care, home health aides also need to use their arms and shoulders to change bedsheets, get patients dressed, and perform other daily living tasks. Many home health aides have to perform these functions for all patients.
Types of Home Health Aide Shoulder Injuries That May Qualify for Workers’ Compensation
Under New York law, worker’s compensation is a no-fault benefits program that affords injured workers medical bill reimbursement and up to two-thirds of lost wages. The most important requirement for workers’ comp benefits is that the injury is work-related. However, it does not require that the injury be caused at work—only that it is related to work duties and tasks. This means repetitive injuries such as lifting or pulling may also qualify for workers’ comp benefits, even if there was no “accident” or immediate incident that caused the injury.Some of the most common home health aide shoulder injuries that could qualify for workers’ compensation benefits include the following:
- Rotator cuff tears – there are four rotator cuffs that give a range of motion, stability, and strength to the shoulder. Tears of any one of these rotator cuffs can result in a permanent range of motion restrictions and weakness, especially if surgery is required to repair the damage.
- SLAP tears – when the cartilage that forms the “ball-and-socket” joint of the shoulder is torn, it will only heal with surgical intervention and physical therapy. Although a patient may have one of the best surgeons doing the repair, this type of injury usually results in a range of motion restriction and weakness, while also making a patient susceptible to other serious injuries like dislocations.
- Shoulder dislocations – when the humerus (upper arm bone) pops out of the cartilage cup (ball-and-socket joint), that is a shoulder dislocation. This can be an extremely painful injury and take several months to heal, followed by several months of push, pull, and lift restrictions.
- Shoulder separations – different than a shoulder dislocation, a shoulder separation affects the acromioclavicular joint (AC joint) that is above the shoulder and upper arm (humerus). It occurs when the shoulder blade and the clavicle (collarbone) separate, including damage to the ligaments and other connective tissue. Severe shoulder separations require surgery to repair the damage done, and there is often range of motion restrictions.
- Tendonitis, bursitis, or tendinosis – repetitive motion and injury to the shoulder joint and the tendons and muscles in that complex shoulder could result in inflammation. This inflammation can be painful, but it can also be debilitating. While some anti-inflammatory medication can help alleviate the pain, including the use of cortisone shots, some inflammation may require physical therapy, occupational therapy, and even months of rest to fully resolve.
- Impingement – one of the more common types of shoulder injuries, impingement occurs when the shoulder joint either has inflammation or is structurally injured or affected, causing the bottom of the AC joint to pinch the tendons, ligaments, vessels, and nerves that sneak between the AC joint and the top of the humerus. This can cause extreme pain and range of motion restrictions that may require months of healing or surgery.
Potential Challenges and Why You Need an Attorney
Workers’ compensation is a no-fault insurance system, but that doesn’t mean obtaining the benefits you need and deserve is easy. Your employer’s workers’ comp insurer may claim that your injury wasn’t work-related or that it was due to a preexisting condition. When you’re ready to return to work, you may find that your employer doesn’t have the light-duty or transitional work needed to accommodate your injury.
Regardless of the challenges in your case, you can benefit from the knowledge and experience of a skilled New York workers’ compensation attorney. Here are just a few things a workers’ comp lawyer can do for you:
- Review your case
- Help you understand your legal rights and options, including the benefits to which you may be entitled
- Gather strong medical and vocational evidence
- Negotiate and structure settlement agreements
- Represent you at a workers’ comp hearing or trial
Discuss Your Workers’ Comp Claim With a Dedicated Attorney
At O’Connor Law PLLC, our team of seasoned workers’ compensation lawyers in New York helps injured employees recover fair benefits. We’re proud to help New York’s healthcare heroes obtain the compensation and support they deserve after suffering a serious workplace injury or occupational illness.
Ready to find out how we can help your case? Contact us today to schedule an appointment for a complimentary, no-obligation initial consultation.
