Employers have the responsibility of facilitating a safe and healthy work environment for their employees. If an employer fails to achieve this, this could result in an employee getting injured.
Nevertheless, this might happen even when all the precautionary measures have been taken. We’re talking about common injuries such as broken bones, or perhaps the aggravation of pre-existing conditions. The possibilities are endless.
What Are My Rights If I Get Injured on the Job?
Of course, every employee has rights, especially in the case of an on-the-job injury. The first thing you should do in this scenario is to tell your employer about your injury. Depending on the state in which you live, you should report this within a given time after the injury – such as the same day or within days after the accident.
Still, as a rule of thumb, remember that you should communicate the incident as soon as you can. The next thing you should do is to file a claim at the workers’ compensation court in your state. By doing so, you formally notify your employer, the employer’s insurance company and the court of your situation.
While it’s true that the worker’s compensation laws vary in each state, there are some things that apply everywhere. For one thing, you are entitled to file a claim regarding your injury or illness in the workers’ compensation court. At the same time, you have the right to receive medical treatment.
Moving on, in the event in which you are incapable of returning to work due to the injury or illness – no matter if this is temporary or permanent – you should receive disability compensation.
That isn’t all! If you don’t agree with the decision made by the insurance company or by your employer, you are entitled to appeal that decision. Furthermore, you should be represented by a certified lawyer in the process.
What Else Should You Know?
In the position of an injured employee, it is important to understand that you have the right to refuse certain requests. For instance, your employer might suggest you to use your own insurance to pay for the medical treatment. In this case, you are entitled to refuse the proposal.
What is more, if your boss wants to offer a sort of compensation to persuade you against sending a claim at the workers’ compensation court, you should know that this is illegal.
Every state has strict laws that allow you to pursue a workers’ compensation claim if you have been injured on the job. And you should be able to do so without fearing harassment or anything of the kind.
Moving on, if your injury has been the result of third-party negligence, you could be entitled to make a claim against that entity or person. This refers to third-party claims.
However, it’s worth noting that these claims aren’t made at the workers’ compensation court. In situations like these, you might consider hiring an attorney, in order to get what you’re entitled to.
To conclude, irrespective of the specific scenarios that led to you getting injured, you should take full advantage of your rights and seek legal guidance, if necessary.