The use of e-mail, text messages, and social networking websites like Facebook become more popular every day. As a result, insurance companies are more and more frequently looking to use those electronic communications against injured workers. At the same time, workers should be aware of how they can use those same technologies to protect themselves in the event they suffer a work injury.
NOTICE OF ABILITY TO RETURN TO WORK: CONSIDER IT A WARNING
You have been receiving workers' compensation benefits and receive a form in the mail stating, "Notice of Ability to Return to Work." What does it mean, and what should you do?
THE TRUTH BEHIND "INDEPENDENT" MEDICAL EXAMINATIONS
If you suffer an injury at work and receive any type of workers' compensation benefits, you should expect to receive, at some point, a letter directing you to attend an "independent medical examination." Insurance companies have the right to require you to attend such an examination periodically. Ordinarily, the insurance company cannot require you to attend this examination more often than every six (6) months.
CLAIMS AGAINST UNINSURED EMPLOYERS
An employee who suffers a work injury while working for an employer uninsured for workers' compensation has the right to file a claim against the Uninsured Employers Guaranty Fund ("UEGF"). Securing that right is critically important because the UEGF is required to pay workers' compensation benefits when the uninsured employer does not. In order to secure the right to file a claim against the UEGF, the injured worker must be aware of certain time limitations.
MUST YOU PERFORM "NO DUTY," LIGHT DUTY, OR MODIFIED DUTY WORK?
If you suffered a work injury and are not physically capable of performing the light or modified duty job your employer has offered, you should ask your physician to indicate in writing the reasons you are not physically capable of performing that work. If you do not perform the light or modified duty work and do not have that documentation from your doctor, the employer and its workers' compensation insurance company may be entitled to reduce or suspend your wage loss benefits.
MAKE SURE THE DESCRIPTION OF INJURY IS CORRECT
One common error that may affect an injured worker's right to future benefits is an incorrect description of injury on the paperwork regarding the claim. Within three (3) weeks of first treating for a work injury, the injured worker should receive a Notice of Temporary Compensation Payable or Notice of Compensation Payable in the mail. On that notice, the injured worker should make sure the work injury is described accurately in the box marked "Injury Information." Similarly, before signing a Supplemental Agreement, the injured worker should make sure the work injury is described accurately in the box marked "Injury."
REPETITIVE WORKPLACE TRAUMA IS COVERED BY WORKERS' COMPENSATION
Too often, a worker is under the misconception that in order to be entitled to workers' compensation benefits, he or she always must be able to identify one specific traumatic work event that caused his or her injury. Not so. Carpal tunnel syndrome and lateral epicondylitis ("tennis elbow") are two common diagnoses often times related to not one specific traumatic event but rather repetitive use of a certain body part. You are entitled to workers' compensation benefits for injuries like these if they are the result of exposure to repetitive trauma at work.
HEARING LOSS BENEFITS
Many workers in the building trades cannot avoid exposure to hazardous occupational noise. Working all day at a construction site with loud machinery and vehicles can take a toll on the human ear. Even though many workers wear ear protection, wearing it all the time is simply not possible. Workers frequently have to take off the ear protection in order to be able to hear co-workers, communicate on two-way radios, and listen for back-up and emergency alarms.
Joshua Bloom 
Jonathan Colton 