Workers' Compensation Brochure

Your “Right To Know” About On-The-Job Hazards

Employees have the right to know about chemicals and other hazardous materials used in the workplace. There are two laws that deal specifically with an employees’ right to know -laws designed to help improve the health of the workplace.

There are two laws that deal specifically with an employees’ right to know – laws designed to help improve the health of the workplace.

1. OSHA Medical Access Regulation - The federal Occupational Safety and Health Administration Medical Access Regulation gives employees the right to review their medical records held by the company.

Under this law, employees can also obtain information about air quality and the types of chemicals used in the workplace. Detailed chemical information is found by obtaining a “Material Safety Data Sheet,” or MSDS.

Chemical manufacturers provide an employer with an MSDS. If you work with chemicals, your employer and physician should have this information on file if you suspect a chemically induced illness or disease.

Chemical producers must provide a MSDS when they make a sale. The sheet contains the chemical or compound name (sometimes combined with a common name), the ingredients and what concentrations, physical properties, exposure hazards and first aid treatment recommended.

The law entitles you to copies of this information, should you request it.

If a sheet is not available, your company must provide you with the information about the chemical, and/or its ingredients.

Sometimes, the chemical information you seek may be the so
called “company secret.” You are still entitled to the information, although the employer may have you sign a confidentiality agreement.

One flaw with the MSDS Access Standard is that it only requires the company to give you the information it has on file. The law does not require the safety information to be up to date. Another flaw with the MSDS is that sometimes a sheet will provide only a partial list of ingredients.

2. OSHA Hazard Communication Standard - Simply put, this standard intends to make you aware of the chemical hazards at work.

To comply with this standard, your employer must:

  1. Inform you about hazardous chemicals and the OSHA rule.
  2. Have hazardous substances labeled clearly as being hazardous. The warnings should also give the short and long-term exposure risks (e.g. “Skin irritant; long-term exposure is known to cause certain types of skin cancer in laboratory animals”).
  3. Provide, upon request, the MSDS for every hazardous chemical used.
  4. Outline and provide a written hazard communication standard that explains how your employer is complying with the law.

An important aspect of this safety standard is that it sets training on how to safely handle potentially hazardous chemicals or compounds. Part of that training includes knowing how to read chemical labels and symbols; knowing how to read a MSDS and knowing where to find one.

Report employers who are not following the law to the nearest OSHA office. After OSHA receives the complaint, the employer is subject to inspection. Employers found in violation of the law must follow the rules or face a stiff fine.

Other Ways To Obtain Information

Some chemical manufacturers will send a material safety data sheet upon request. Write to the company, or check containers for information. Many times, your co-workers will be able to provide you with this information (it’s in their best interest to know as well).

Unionized workers should request chemical safety information through the union health and/or safety committee. Working through the union is the fastest, most reliable way of doing things versus legal action or filing a grievance.

What To Do If Your Request For Workers’ Compensation Is Denied

If your employer denies you compensation, you have three years from the date of your injury to file a claim with the Bureau of Workers’ Compensation. It is your responsibility to file a claim. If you do file, it is best to obtain a lawyer that knows the current workers’ compensation laws and has experience representing injured workers.

Most lawyers will represent you on a contingent fee basis - the “we do not get paid unless we get money for you” idea.

What To Do If Payments Stop

If workers’ compensation payments stop for any reason, contact a lawyer immediately.

Things To Consider When You Do Return To Work

Only through a doctor’s advice should you return to work. Your doctor should advise you in writing if your injury, illness or disease restricts you (or does not restrict you) to do certain tasks. For example, a worker who injures his or her back may be told to work under so called “light duty status.” Such a restriction may be setting weight limits on what amount that person can lift safely.

Present a copy of your doctor’s recommendation to your supervisor so you can avoid being assigned to jobs that may injure you.

On your first day back, have someone (a friend, co-worker or union representative) accompany you. That person should witness what transpires during the time you report back to work. Do not sign any forms if the work you are returning to is an assignment other than your regular job, or if you feel that you have not recovered from the injury.

Beware of Signing Final Settlement Receipts

Sometimes an employer may ask you to sign a pink form called a “Final Settlement Receipt of Compensation.” Contrary to what you may hear, this receipt does terminate your workers’ compensation benefits.

Do not sign the form (or any form for that matter) unless your doctor says you have recovered fully.

Otherwise, request the company to provide you with a “Supplemental Agreement” so you may suspend compensation benefits while you are working.

Employers, more often than not, will say the final compensation payment is being held until the employee signs the “Final Settlement Receipt.” This is not true.

If someone threatens you with a payment cutoff because you refused to sign the “Final Settlement Receipt,” contact a lawyer or your union representative.

Other conditions where you should not sign a “Final Settlement Receipt” are:

  1. You return to work and are paid less, or are working less because of your injury.
  2. You are still receiving medical treatment for your injury.
  3. You have restrictions in the use of any part of your body because of the work-related injury.
  4. You have a scar on your face, neck or head. Any of the above situations may entitle you to additional workers’ compensation benefits even after you have returned to work.

Things To Watch Out For:

Insurance Company Doctors

Sometimes the employer may tell you to visit an insurance company doctor to get a “second opinion.” That second opinion may lead to the cancellation of your benefits. Under most circumstances, unless your lawyer says differently, avoid the insurance company doctor.

Reasonable Medical Care

Under this guideline, the law requires you to follow any treatments, therapies or medication regimens recommended by your doctor.

“Reasonable medical care” includes, but is not limited to; surgery, special treatments, medications or physical therapy. Should you refuse such recommended treatment, your employer or his or her insurance carrier has the right to petition the Bureau of Workers’ Compensation to have your benefits suspended.

Dealing with an insurance company doctor is a somewhat different matter. An insurance company doctor who recommends a specific test, treatment, therapy or operation can have his or her recommendation challenged by your doctor. If both agree to the treatment regimen, you have the obligation to arrange for treatment with your doctor. If you refuse, you may lose your benefits.

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