The frequent heavy lifting or repositioning of patients has become a major issue concerning nursing home staff. This task often ends with the staff member becoming injured.
The injuries that are associated with heavy lifting or patient lifts are typically musculoskeletal disorders (MSDs), which include but aren’t limited to: low back pain, sciatica, rotator cuff injuries, epicondylitis and carpal tunnel syndrome.
Numerous studies have shown that training caregivers how to use proper body mechanics to lift residents is not an effective prevention measure because lifting the weight of adult patients is intrinsically unsafe.
Facilities frequently do not have enough CNAs to handle all the work. The understaffing can lead to overtime and double shifts that puts more physical strain on the CNAs and increases the risk of injury. The understaffing also results in CNAs being required to assist patients on their own where it would be much better to have multiple CNAs assist the same patient.
In Texas, workers’ compensation is a state-regulated insurance system that ensures medical bills and some lost wages are paid for employees injured on the job. The state does not require most private employers to have workers’ compensation insurance coverage. Employers not providing workers’ compensation insurance coverage are referred to as non-subscribers.
The simplest way is to check the Texas Department of Insurance’s Division of Workers’ Compensation website, where you can click on “Locate Covered Employer.” Another way is to check the employment contract you signed when you were first hired by your employer (if applicable). Finally, the employer is actually required by Texas law to inform you as to whether or not they subscribe, this doesn’t always occur, however.
Non-subscriber employers may try to convince injured employees that their injuries are not serious, or are their own fault, or that they are only eligible for compensation if they waive their rights to workers’ compensation.
We can’t stress enough that this just isn’t true. All Texas workers have rights to medical treatment and compensation when they are injured on the job.
Our skilled lawyers at The Carlson Law Firm are prepared to fight for your rights if you are injured due to non-subscriber employer negligence in a variety of professional fields. Contact us today for your free case evaluation.