Worker's Comp and Hairdressing After spending a lot of time and money, you’re finally a hairdresser. You get to be creative and help people achieve the look of their dreams. If you start out working in a retail chain or other salon where you are an employee, you’re probably excited about starting out at your dream job. Yet, have you thought about the future? Do you have an emergency fund that can help if you can no longer work? Most people don’t have an emergency fund. What would you do if you were injured on the job or if you were made sick because of your exposure to chemicals? Would you face a financial disaster? Workers’ Comp: The Safety Net for Hairdressers It’s a scary thought. However, you’ll be glad to know that if you’re an employee of a salon, there is a safety net. Most businesses are required by state law to carry workers’ compensation insurance. However, as a hairdresser it is important to note that you must be an employee as opposed to an independent contractor. You can ask your employer or you can take a look at your checks. If the salon withholds taxes for you, you are most likely an employee. Workers’ compensation insurance protects hairdressers by paying for medical care, prescriptions, physical therapy, and other needs if you are hurt or made sick by your job. It can also help you by providing part of your lost wages. Workers’ comp policies designate a doctor that you can see when you file a claim. You will not pay anything out of your pocket for this visit. If you want to see your own doctor, you can do that, but you will most likely have to pay out of pocket. Keep your receipts and any bills. Workers’ comp can reimburse you for those charges. Risks Faced By Hairdressers Workers’ Compensation Claims For a Hairdresser There are many types of injuries that can happen to a hairdresser in a salon such as a slip and fall on hair products spilled on the floor, a burn injury from a hairdryer, a curling iron or chemicals. Also due to the use of shared equipment infections take place as well. Head injuries can also be added to the potential list of injuries caused by falling fixtures in the salon like heavy, overhead lamps and ceiling tiles. Fortunately, when a hairdresser is injured after slipping and falling on some spilled shampoo causing a back injury it is normally in the presence of witnesses as salons tend to be crowded places. As with any employee the hairdresser should be covered by workers’ compensation insurance provided by the employer so when a workplace accident takes place s/he should be able to claim workers’ comp. for medical treatment and lost wages while unable to work. Evidence Needed For a Claim as a Hair Dresser The key to a successful WC claim is providing convincing evidence to the salon’s workers’ comp. insurer. This should include the following: eye witnesses accounts in writing describing the slip and fall accident; photographs taken at the accident site showing the slip and fall hazard and the injuries it caused; copy of accident report form filed with the supervisor at the hair salon; photographic evidence retrieved from the salon’s surveillance cameras; receipts for medical treatment; unpaid invoices for medical treatment; receipts for out-of-pocket expenses like the cost of Uber or a taxi to get to a physician’s consultation. If there is any element of doubt that the injury did not take place at the salon the workers’ compensation claim may be denied. The other common reason for a denial is when the hairdresser was under the influence of drugs or alcohol when the injury took place which excludes eligibility workers’ compensation or s/he no longer worked at the salon when the WC claim was filed. The insurer will try to find ways to deny a WC claim so the evidence provided must be indisputable. However because workers’ comp is no-fault in a slip-and-fall case the hairdresser doesn’t have to prove the employer was to blame. S/he may receive benefits as long as the slip and fall accident caused the injury and it took place at work. Average Workers’ Comp. Settlement for a Hair Dresser If a hairdresser slips and falls and injuries her/his back it could be some time before s/he is able to return to work depending on the severity of the back injury. A workers’ comp. claim typically includes full cost of medical treatment and two thirds of a hairdresser’s weekly wage until a return to work is possible. When calculating the cost of medical treatment it is important to take into account if the hairdresser has been asked to use the salon’s preferred medical treatment provider. This is often a requirement by some salon employers while others allow their workers to choose their own medical treatment provider. The average workers’ compensation settlement for a slip and fall causing a back injury for a hairdresser is between $5,200 and $27,500. The amount paid will depend on the length of time spent off work and the severity of the injury. If a stay in hospital is required then the settlement will be a lot higher. Sometimes surgery is required to treat a back injury. If this is necessary then the WC claim is likely to be a lot higher. Calculating Workers’ Comp Settlement For a back injury such as damaged vertebra in a slip and fall accident the amount for medical treatment could be as follows: Cost of ambulance = $250 Emergency room consultation = $1,000 Cost of an x-ray = $150 Pain medication such as ibuprofen = $50 Cost of 10x physical therapy sessions = $2,000 Physician’s follow up consultation x 2 = $600 Two thirds of 40 hours x $14 per hour = $373 x 6 weeks recovery time = $2,238 Estimated workers compensation settlement = $6,838 When a hairdresser is severely injured, s/he may not return to work for several weeks so may be eligible for a temporary total disability payment or if the injury is far more serious which prevents the hairdresser ever returning to work in the same job eligibility permanent total disability may be applicable. There are also benefits for permanent partial disabilities. What to Do if You Are Hurt on the Job It doesn’t matter if you think that your injury is your own fault or that you could have totally avoided it. Workers’ compensation is put in place to help you. No one is perfect. Here's what to do if you are hurt: Let the manager know if you’re hurt or sick. Tell them immediately. This helps protect yourself and your coworkers. If there’s a spill or if there are dangerous chemicals such as bleach left out, your manager can help correct that to protect the other hairdressers. Fill out an accident report immediately. If you’re having trouble breathing because of bleach or other chemicals or if you have a medical emergency, please call 911 and then get a report number from the police. You can get a copy of the report to go with your accident report. Get medical help. If you’ve cut yourself with scissors or on another shop object, you may need a tetanus shot. If you’ve hit your head or think you’ve broken a bone, please get emergency medical attention. Make an appointment to talk to a workers’ compensation attorney. This is important. Do not talk to the workers’ compensation insurance adjustor alone. Their goal is to settle with you for as little as possible. Get Legal Help As a hairdresser, you depend on your abilities to stand for long periods of time and help others with their hair. So, it’s important that you partner with an experienced workers’ compensation attorney to help you file your workers’ compensation claim. Don’t leave your compensation and your future to chance.
