All workers in the United States have the right to work in safe and hygienic conditions, as well as to have appropriate equipment to protect their physical integrity and prevent injuries. However, workplace accidents are something that can always occur and are a latent risk, as well as suffering from occupational diseases, so your company should even offer the facility to obtain some type of compensation for permanent disability.
The worker who suffers from an occupational disease or workplace accident is protected by law. While these events generally generate temporary disability, during which the worker can recover, in some cases the recovery is not 100%. Then it is considered that there is permanent disability.
If you consider it necessary, you should contact the Conexión Legal team as soon as possible by calling us at 1800 201 1220 or writing to us through WhatsApp so that you can receive the best free legal advice from a labor attorney, and in this way we can help you obtain the highest possible compensation.
Today we are going to talk about workers' rights in case of permanent disability due to occupational disease or workplace accident.
Permanent Disability (PD)
Any disability situation that lasts more than 1 year and affects the employee's ability to work is considered permanent disability or permanent impairment.
That is, if the employee does not recover 100% of their physical or cognitive functions after a recovery period, they may be entitled to the benefits provided by social security regarding compensation for permanent disability. This provides assistance to workers who meet certain requirements to receive a pension, regardless of whether they are due to disability or survivorship.
To be eligible for benefits, you must have your social security number. This means that you must work legally in the United States and keep up with your taxes.
Employer Responsibility
The workplace must be a place free from risks for productive activities. The employer must ensure that the facilities are safe for all employees.
However, these conditions are not always met due to employer oversight. On other occasions, equipment failures or acts of negligence can cause an accident or cause an occupational disease.
It is estimated that 1 in 20 workers in the United States will suffer a work-related injury. Those who perform tasks or those who require physical strength are the most susceptible to being affected by them, with Latin Americans being a particularly affected group, as they are more involved in this type of work.
In Chicago alone, the Spanish-speaking population is the second largest racial and ethnic group, according to the 2017 census. It is estimated that compensation claims in that city exceed more than 1/3 of the total in the state of Illinois. Of approximately 45,000 cases, more than 17,000 are filed in Chicago.
United States law protects workers in case of disability caused by work-related injuries, preventing them from working.
In case of an accident at your workplace, you must report it immediately to your employer and they must prepare an accident report. Once this report is prepared, you must request a copy and keep it on hand in case you need it.
It will also be necessary for the employer and their union representative to obtain a list of witnesses to the incident, as well as those who assisted you afterward.
Social Security Disability Benefits
The Social Security Administration or SSA is the entity responsible for granting compensation for permanent disability to affected workers. To do this, the affected worker must undergo medical evaluations that determine the disability suffered and from there they must complete the application.
To be eligible for disability benefits, the worker must meet the following conditions:
- Proof of recent employment. This is based on the worker's age at the time of disability.
- Proof of length of employment. This is the time you worked during which you paid social security tax.
If you consider it necessary and want to know how to request workers' compensation for permanent disability, you should contact the Conexión Legal team as soon as possible so that you can receive the best free legal advice from a specialized labor attorney, and thus we can help you obtain the highest possible compensation.
Follow the steps in the following form to schedule your free consultation appointment.
