Managed Care and Personal Injury

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by: Stephanie Wood
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Word Count: 430
Date: Mon, 12 Apr 2010 Time: 1:15 AM
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Many companies these days opt not to participate in larger compensation programs, but instead have their own "managed care" approach to health benefits. This type of company usually has its own form of incident reporting and policy compliance, and may or may not comply with any worker compensation law of the state or country in which a person is employed. Working for companies like this is often frustrating for workers who have sustained personal injuries on the job because they run up against unmet reporting criteria and cannot get their claims through.

The question of incident reporting becomes a critical policy compliance procedure, and can be very difficult to do perfectly. Often companies have boilerplate instructions which simply tell the worker to report any job-related injury or illness, no matter how minor, to their supervisor or the manager in charge immediately. This is generally followed up by words to the effect of management having the needed information for policy compliance as outlined in the company manual. Workers are additionally advised to report any unsafe situation or condition that might cause an injury or illness for another worker, or anyone else on the premises.

With such loose criteria concerning personal injury, workers are often asked by these types of companies to do chores or jobs that are dangerous. In one instance, in a clothing store, a worker was asked to get on an eight foot ladder, reach a foot and some inches higher, and get a heavy mannequin down for redressing. In this case the worker did complete the task, but it was a dangerous sight to see a short, middle-aged lady on a rickety ladder nearly drop the mannequin on her supervisor's head. Both women managed to muscle the bust to the ground but it was an accident waiting to happen. Had an accident happened, neither woman would have had recourse to file any kind of personal injury claim under the company's own program.

This company's program was particularly egregious in that the manual stated that all wage loss and medical expense benefit due to an alleged work-related injury would be administered in accordance with their Injury Benefit Plan for associates in that particular state. Examination of this benefit plan revealed bare compliance with state rules on worker compensation law. Workers work for firms of this type at their own risk, but some people really have no choice. These plans are designed with the company, not the worker in mind, and with the adage that health care is a privilege, not a right.

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If you have suffered personal injury following an accident at work speak to a specialist solicitor today about making a compensation claim.