You might be curious if your employer will be responsible if you get injured at work. Well, in every state, employers are required to offer their employees a fairly secured and healthy workplace. Most often employers forget this important duty resulting in employees getting injured at work.
Unfortunately, employees can still get injured while at work even if every effort has provided to make a workplace safe. These injuries include occupational illnesses, worsening of pre-existing conditions, broken bones, and even psychological injuries. Each state has its own kind of system that supports employees with injuries related to work.
If I get injured at work, what actions should I take?
The most crucial thing for employees is to be aware that any time they are injured on the job, they need to report the incident immediately to a supervisor (much better if it’s in writing). Several states necessitate workers to give employers writing of the incident, but there are some who allow a verbal notice. But just to be safe, you can report all the injuries you’ve had at work to supervisory personnel in writing. And because some states have a short filing deadline, referred to as the “statute of limitations”, you must file it immediately so that you don’t lose any legal rights you may receive workers compensation benefits from your employers
If your illness or injury necessitates it, you must consult for medical care immediately.
How to make sure I get workers’ compensation benefits?
Workers’ compensation is somehow a difficult area of law covering everything from the current work injury compensation act to employee labour rights and even the injury compensation for employees who work in federal for under existing laws. Much wrong information is given to injured employees about worker’s compensation benefits, advocates, employers, and insurance companies about the numerous state and federal laws ruling disabled workers, including the Americans with Disabilities Act ADA.
Worker’s compensation is a particular area of law, and only a very little number of compensation lawyers specialize in this type of law. When it comes to compensation cases have their own Court system with their own Judges, hearings, rules, and procedures.
It is crucial to look for a law firm with a speciality in worker’s compensation cases to assure that you receive all you are entitled to. All the things happen prior to consulting a lawyer. A great lawyer can correct the wrong things done to your case.
Understanding workers compensation and what I am covered
In some state, like in Pennsylvania, workers are qualified to medical benefits for treatment connected to the work injury if they’re reasonable and necessary.
The worker who is injured is also entitled to obtain a portion of his or her lost wages, normally two-thirds of the weekly wage. When it comes to exchanging for the benefits, their law requires that the injured worker should give up his or her right to sue the company for its negligence in causing the injury. The injured worker does not lose the right to sue any careless person other than the employer or a co-worker. However, you must take note that worker’s compensation insurance companies can make it very hard for injured workers to obtain their benefits.
What are my rights with an injury?
It’s important to note that worker’s compensation laws widely differ from state to state. The rights provided for an injured employee depends widely as well, as do the various legal procedures that make sure those rights.
Commonly, there are numerous legal rights that are similar across most states:
- You are entitled to file a claim for your injury or sickness in workers compensation court or the state industrial court.
- You are qualified to visit a doctor and pursue medical treatment.
- If the physician released you to return to work, you have the right to go back to your job.
- If you can’t go back to work because of your illness or injury, whether permanently or for a short period of time, you have the right to some kind of disability compensation.
- If you are not in favour of any decision made by your employer, the worker’s compensation court, or the employer’s insurance company, you commonly have the right to disagree with that decision.
- In connection to number 5 above, you have the right to get a lawyer to help you out legally during the process.
When it comes to understanding your rights to take actions, as an employee, it’s crucial that you understand your right to decline any particular offers or requests. For instance, if you get injured and your employer requests you to use your own health insurance to pay for any medical procedures or treatment, you are entitled to say no. And if they tell you that they’ll offer you some type of reward or incentive in an attempt to push you against filing a workers compensation claim, then this is illegal already. Don’t be scared to say no to them.
Each state has a law that provides people to pursue a worker’s compensation claim without getting scared of retaliation or harassment from their employer. If the employer makes things hard for you to freely practice these rights, the penalties charged upon the employer can be serious. It’s illegal for the boss or supervisor to harass their work or otherwise make it complicated for you to perform your job if your filing of a workers compensation claim is the encouragement for that behaviour.