Medical workers are among the noblest professionals in society. They practice an ancient and time-honored tradition as healers of the community and in emergencies, they are always among the first responders to the scene. They are often exposed to the dangers of the situation, whether that a disaster like a building fire or a vehicle accident. While they’re busy protecting people, how exactly are they protected during the performance of their duty?
By the same thing that protects every other worker – The Workers’ Compensation Law.
The Workers’ Compensation Law creates a safety net for workers that fall victim to an unfortunate incident that arises as a result of the performance of their duties and as a result of their affiliation with their employer.
First, we need to define what exactly workers’ compensation is and how it works.
Workers’ Compensation is an insurance program that every worker is entitled to. Compensation can come in the form of either a cash equivalent or in the form of medical care. Both of these compensations shall be provided by the employer.
Now, workers’ compensation lawsuits are different from a typical lawsuit in the sense that the purpose is not to determine who is at fault, but rather, to determine whether or not the worker is eligible for compensation. While the employer is deemed responsible for the compensation of the worker, they are not to be deemed at fault for the mishap.
This is the basic concept of the workers’ compensation law. However, as with most laws, this law varies depending on the state you’re in. Because of this, while information on the internet is always nice to find, it’s always best to consult with a workers comp lawyer.
As mentioned earlier, medical professionals are constantly exposed to danger in their line of work. They are prone to fall victim to accidents and they are also likely to have dangerous amounts of contract with the diseases that pass through a hospital.
So, when exactly are medical professionals covered by the law? There is only one condition of an injury that warrants compensation: The injury must be severe enough to hinder the victim from being able to function both as a professional and as a person in society.
For example, a doctor cannot file for a claim because she caught a cold during her rounds. In the same fashion, an EMT may not file a compensation claim just because he got cut by a shard of glass during the performance of his duty.
Another determinant of whether a claim is valid or not is the state of sobriety during the injury. Any injury sustained while the claimant is perceptively-hindered (as is the case when one is under the influence of alcohol or drugs) will not be deemed eligible for a workers’ compensation claim.
On the other hand, one valid cause to file a compensation claim is when a worker ends up with PTSD as a result of his duties. Because, as we all know, PTSD, while not a physical injury, greatly hinders a person’s ability to function properly, both at work and in society.
