Think about a time that you may have been injured at work or someone you know has been injured at work. Do you think workers’ compensation goes far enough to address the unique needs of injured healthcare workers? Why, or why not?
Unit 7 Reading
When we think of labor relations, we automatically think about unions, but labor relations also include non-unionized employees in healthcare organizations as well.

Many healthcare facilities like hospitals are unionized and have collective bargaining units representing their employees. The National Labor Relations Act governs these collective bargaining units. This law requires that both employees and employers follow specific regulations and procedures to create and maintain union status. The law prevents either side from using unfair labor practices. The law applies to healthcare unions just like all other unions. Employees must pay dues to the union, and employers cannot discriminate against employees because of bargaining status.

In addition to prohibitions on union discrimination, employers may not discriminate upon the basis of race, color, age, religion, sex, or national origin. This applies to all employers, including healthcare organizations. The Occupational Safety and Health Act (OSH Act) also applies to all employers, but employees in the healthcare field face unique safety challenges that others do not. The OSH Act requires employers keep employees safe from workplace hazards. Employees have the right to be free from injury due to workplace hazards.

Healthcare employees also have the same protections as all employees when it comes to leave time and job protections. The Family Medical Leave Act (FMLA) requires that eligible employees may take up to 12 weeks of approved leave without losing their jobs. Other workplace protections include workers’ compensation. Worker’s compensation allows employees to be paid a portion of their income after they are injured and cannot work.

For example, a nurse is conducting her patient rounds. She does not notice some type of substance on the floor and slips and falls. She falls directly on her side and injures her hip. Later, it is discovered that the substance was oil from when a maintenance man was repairing a copier at the nurses’ station and did not notice that he spilled a little machine oil in the hallway floor. The nurse is in pain and needs to recover. She is not able to work for some time. In this instance, the nurse would be covered under workers’ compensation and would receive a percentage of her paycheck while she was not able to work. Workers’ compensation was designed as a no-fault insurance provided by the employer. It means that the employee is guaranteed coverage, within some guidelines.

Even though some hospitals are unionized, most employees of any organization are subject to at-will status. At-will means that an employee not under contract can be terminated for any reason or no reason at all provided it is not discriminatory. There are a few exceptions worth noting, including whistleblowing and public policy, but at-will employment provides little job protections for employees.

Whistleblowers expose criminal or unethical behaviors in an organization. They are protected under state and federal whistleblower statutes.

For example, imagine that you are a billing clerk for a hospital. You are routinely performing your job and paying bills until you notice some of the bills you are paying for a specific physician look like they might be double billing for the same patients. The patients that appear to be double billed are only Medicare patients. You ask your supervisor about it, and he says that maybe it is a mistake and maybe it is not. He goes on to say that it does not really matter that much as Medicare is a guaranteed payer. The supervisor also says that it is a federal program and can afford it and that the hospital routinely rotates which doctor double bills their senior patients. However, he says, the hospital only does it for Medicare patients. This is, of course, unethical and also illegal. You do not feel comfortable knowingly participating in fraud. You go to your supervisor again to let him know you are going to go higher up if the situation is not corrected. He actually agrees with your conclusion, and he says he will take it to management.

A couple weeks go by, and you are still getting these fraudulent bills. You go back to your supervisor, and he says they are working on a resolution. Fearing he is just telling you what you want to hear and that there will be no change in billing, the next day you report this billing fraud directly to the Medicare fraud division. This happens on a Friday. You return to work on Monday to realize your job has been eliminated, and you have been dismissed.

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In this scenario, you may be able to bring a wrongful termination claim under your state or federal whistleblower laws. Some statutes even provide for a percentage of the penalties to be paid as a reward to the whistleblower.

Employers, like the one in the above situation, are prohibited by law from retaliating against an employee who acts as a whistleblower for an illegal or unethical organization. This protection supersedes any at-will status.

All employers are required to provide safe work environments. They are required to protect employees’ privacy and confidentiality. Employees, specifically in health care, are, in return, expected to provide quality patient care, maintain patient privacy and confidentiality, and always maintain professional standards.

Professional standards can vary depending upon the employee’s position with the organization. Typically, this includes maintaining any professional certifications and licensing. Certain employees may be required to carry additional professional liability insurance as a condition of employment.

Professional liability insurance generally protects against malpractice and negligence claims. This coverage may be above and beyond any coverage provided by the employer. Most of these policies have exceptions for intentional or criminal acts.

For example, Amy is a nurse for a city hospital. One day she is served with legal papers indicating that she is named in a malpractice lawsuit that has been brought against a doctor for whom she previously worked. She is very surprised and, of course, upset by the lawsuit. She has her own professional liability policy, and she contacts her insurance company that immediately assigns a case manager and an attorney for her representation. After a lot of back and forth, it is discovered that Amy was not present at the hospital the day that the patient is claiming the negligence occurred. Amy’s individual professional liability insurance policy covered her expenses, and she is completely dismissed from the claim. This added level of protection and security is why many professionals maintain their own liability policy separate from any group employer coverage.

However, if Amy had been charged with sexual harassment or sexual assault, Amy’s individual professional liability policy would not have covered her. Her employer’s group policy also would not cover her. It would still cover the hospital in order to defend itself against employee or patient legal actions, but Amy would be on her own for any criminal claims against her.

Healthcare employers and employees have rights, responsibilities, and obligations to each other. All these rights and obligations are created to work together to maximize the safety and privacy of employees and patients in the healthcare system.

first paper:
Sealed Off
During the modernisms, the world began changing and evolved in significant ways. Zhang Ailing was able to reveal the modern life of Shanghai city in the short story known as Sealed off,” this was the Japanese, Chinese, and occupation of the Japanese occupation of the land. Despite the fact that the themes of modernism were explicit and modernization was in the entire society, the Chinese traditions remained among the Chinese community. This paper reflects on the themes of reality and modernization.
The story took place in Shanghai when Japanese were occupying the city during the Second World War. At the beginning of the story, the author reveals the routine of city residents as well as all behaviors demonstrated by tramcar passenger. Nearly everyone was literate this was according to Zhang who reported, “While Lu read the paper others did likewise. People who had newspapers read them; those without newspapers read receipts, or lists of rules and regulations or business cards. People who were stuck without a single scrap of printed matter read shop signs along the street.” (500). Nevertheless, the author portrayal of those characters, these individuals were not happy with the reality, “They simply had to fill this terrifying emptiness—otherwise, their brains might start to work. Thinking is a painful business.” (500).
I like the manner in which the author interjects the comment about thinking whereby each reflected on his or her family and their relationships in this trip in the tramcar. Additionally, the characters’ lives depicted the modern description of contemporary life during the contemporary Chinese days. The young woman known as Cuiyuan raised in a wealthy family reacted to life boredom and its routine without sensitive response; while Zongzhen, a middle-class man with a family was unable to appreciate his job and life.
Based on story reflection these two characters are tortured emotionally by their family principle, and expectations and they are satisfied with the life they are leading. Apart from all conversations this character valued the significance of their realism “real persons” instead of their look as good people to the society, hence they showed each other who they are. In this case, the writer states, “In this world, there are more good people than real people…Cuiyuan wasn’t very happy.” (501).
Alternatively, Cuiynuan was a burden since her family anticipation of her to be insolent and join the university in her life besides to a more warmly painful principle that was to get married to a wealthy man who is educated. Her feeling was completely contradicting that expectation and demands. She hoped to live a free life, but her family was pressuring to do what they wanted.
She felt a great emotional pain of being hated and not respected by her fellow student and her fellow employees. Zhang articulates, “Ordinarily, she would have gone right on to the next one, but now, because she had too much time to think, she couldn’t help wondering why she had given this student such a high mark. (…) Suddenly, she understood: it was because this student was the only man who fearlessly and forthrightly said such things to her.” (501). Hence, the girl graded the student’s paper was not quantitatively, but for the feeling of being understood by students.
Nobody seemed to understand Cuiyuan, and she had to struggle to fulfill the family and to look good because of the community. The moment Cuiyuan met Zongzhen, a stranger; she suddenly felt some sympathy for him and had to reflect all the man’s moods and thoughts as an excellent illustration to hers. This made her feel pain and abuse that life has imposed on her, this by comprehending Zongzhen’s feelings.
Her dream was to be real and live the way she wanted. I believe this is the reason as for why the author made the story narrative; this was to indicate the time when the characters talked was just passing like a dream but not the life reality. The author reported that “Cuiyuan knitted her brow and looked at him, expressing complete sympathy. (…) Cuiyuan could not help saying, with a tiny smile, ‘you seem to take diplomas very seriously. Even if a woman’s educated, it’s all the same.’ She didn’t know why she said this, wounding her own heart.” (504). Obviously, Cuiyuan offended herself for saying this kind of words because she unconsciously wished to get some compassion, also, to get comfortable though the man had already comprehended the situation.
In conclusion despite modernism was eminently associated with the development of technology and education and some several types of revolution, the majority of residence seemed not to enjoy life and went through tediousness in their life routine.
As per the common Chinese value was still common in the society, people, particularly young ones, were not able to oppose what they were going through despite being in the deep insensible feelings, contrasting those sentiments with the veracity, and they would only know their selves when silence and short break comes. I have been fascinated to see how people treated freedom in the modern society. Personal opinion about life and community could be easily be distorted from the reality and the community high anticipations and preconceptions.
 
 
 
Second paper:
Response to the story, “My Innocent Uncle” by Ch’ae Man-Sik
“My Innocent Uncle” is a hilarious story that depicts Japanese colonization in Korea. Ch’ae Man-Sik, in this story, satirizes opportunistic natives who collaborate with colonialists and idealistic communists in Korea in the 20th century.   The author uses irony and exaggerations to ridicule individual’s beliefs concerning politics in contemporary society. Ch’ae Man-Sik tells the story of an idealist communalist from his “Nephew’s” point of view. The narrator appears to be constantly misunderstanding his intellectual “Uncle” whom he describes a fool due to his Uncle’s resistant of Japanese colonists that he is a fan of. The author, therefore, explores the theme of colonization plus the natives’ parallel stand on the subject of colonists. Although the story is set in the era colonization, I believe that it is still relevant to most societies in the 21st century. This is because the story explores the plight of civil rights activists, how political differences stir up animosity among supporters of differing sides. It further looks into the manner in which lack of education plays a role in sustaining conformity to harsh political systems and creating a charged political climate. The story thus presents issues that need to be addressed in this century to achieve political uniformity and peace.
At the moment, most societies have a democratic form of governance, but political polarization within these communities is still prevalent.  Political oppression is also a feature typifying most governments. These challenges have given birth to the modern day socialists fighting for their rights, which is not always easy as depicted in the story.  “Uncle’s” harsh encounters including being imprisoned while defending his idealist believes is similar to the ones experienced by current activists. Also, the story reminded me of uneducated citizens who blindly support politicians while hating those who disagree with the politicians or political ideologies that they are loyal to. At the end of the story, the narrator wishes that his communist uncle would die which reflects the epitome of his foolishness and ignorance that he does not seem to see. Such imprudent thinking by citizens in societies where the political climate is charged often results to unnecessary killings.
In conclusion, “My Innocent Uncle” by Ch’ae Man-Sik depicts the contemporary charged political climate characterized by blind loyalty to politicians that often results to a hatred that translates to war among differing groups. It also discusses the difficulties communists face in their everyday struggle for freedom from political oppression that still dominates most societies.
Response to the story, “The General Retires” by Nguyen Huy Thiep
Nguyen Huy Thiep in his story, “The General Retires” attempts to depict the fate and plight of retired military personnel who spend almost their entire lives fighting for their country. Through the story of Thuan who retired from the military at 70, the author explores the challenges former soldiers face in their struggle to fit in their communities. The author portrays a picture of a lonely old man alienated by his long-held ideals of war and trying his best to be a part of the society that seems to have moved on before he later flees and is supposed to have died in battles. Nguyen, therefore, explores the theme of alienation experienced by retired soldiers. This story indicates the nativity of the public regarding the needs and requirements of the men many consider heroes of the nation, respect and admires.
Often, war is ugly and has cataclysmic impacts even on the soldiers contrary to the public’s beliefs. The people admire soldiers’ brevity, and in the process of recognizing and admiring soldiers’ heroic acts at war as they get back to their communities, no one pays attention to soldiers’ actual desires. Very few are aware of the trauma, the burden, and the sacrifices they were compelled to make during the battle. Also, few consider how these factors and the loss alters ex-soldiers’ beliefs, emotional state and sense of personality. As a result, the society has no clue on how to relate with ex-military personnel living in their community or create a conducive environment to facilitate their adaptation. This is evident in Thuan’s daughter in laws insistent on doing house chores that Thuan believe he should be done. Thuan’s daughter in law appears to be insisting on doing what she believes he is good for him, which apparently conflicts with his accustomed military lifestyle.  Most of the time ex-soldiers find themselves returning to a strange community. Retired general like Thuan, always go back home but the unfamiliarity of their surrounding makes life hell as their beliefs and desires conflicts with those held and practiced by the community.  In Thuan’s case, he decides to flee the community after his attempt to live as equal as everyone fails, and his failure to find satisfaction plus comfort in his new life. I believe that understanding these soldiers can go a long way into developing mechanisms of protecting them after the war.
In summary, Nguyen Huy Thiep through the story, “The Retired General,” brings to attention the neglected subject of the ex-soldiers daily struggles to survive in their former communities. These soldiers, known to many as the nation’s heroes suffer in silence from depression, loneliness, and alienation upon returning home. Many are not familiar with these difficulties thus contributing to ex-soldiers inappropriate treatment by the people.