An employer should be able to provide a safe working environment to his employees. The law implements safety guidelines covering businesses to ensure the safety and wellness of workers. Even visitors and anyone who steps in a workplace can hold the owner liable if they get hurt on the premises of the business.
To protect them from possible complaints, employers have different types of insurance, including commercial general liability insurance and workers’ compensation. If you’re hurt on the job, you can file a complaint against your boss and can receive compensation for your losses. If worse comes to worst, you can opt to take the matter to court.
Your Rights After An Injury At Work
Workers’ Compensation is an insurance that provides employees who are injured at work cash and medical benefits in exchange for their right to sue the employer for the injury sustained. So, if, unfortunately, you got injured while performing your work, what are your rights? Although Workers’ Compensation law varies from one state to another, several legal rights are generally common.
- The right to file a claim for the illness or injury sustained at work in workers’ compensation court
- The right to see a physician and to medical treatment
- The right to return to your job in case the doctor advises you’re fit to work
- The right to a disability compensation if you can’t return to work due to a permanent or temporary disability or illness
- The right to appeal to the decision of your boss, the workers’ compensation court, or your employer’s insurance provider
- The right to legal representation throughout such process
If you’ve sustained an injury or illness at work, you have the right to act to make sure you’re compensated for your losses. However, it is essential to learn that you also have the right to refuse certain offers. For example, if your boss offers an incentive to prevent you from filing a workers’ compensation claim, you have the right to decline.
The Workers’ Compensation law states that employees who have been hurt while on the job can file a claim free from harassment or retaliation from the employer. If this isn’t the case, your boss may face severe penalties for his actions.
What You Should Do
Here are the steps you should take if you’re injured at work:
- Report The Injury To Your Employer
One of the first things you should do after an accident is to inform your boss or supervisor about it. You can also ask your supervisor to assist you with any procedure the business has about reporting an injury and filing a claim. You should report the injury right away as workers’ compensation allows reporting for only a short period of time, not to mention you might forget some important details of how the injury happened. Also, make sure to record the details relevant to the incident, thereby proving your claim.
- Seek Medical Attention
Another step you should carry on immediately is to seek medical attention. Call for professional help or have someone do it, and go to the company clinic while waiting. Discuss all the symptoms and pain you have with the doctor, even if the injury is not severe at the time to prevent it from getting worse.
- File A Claim
Armed with the knowledge of your legal rights, you can file a workers’ compensation claim against your boss. Discuss the process of filing with your employer. Usually, filing is made by business owners. If so, make sure to request a copy of the claim and follow up on it on a regular basis.
- Seek Legal Help
Because of the technical nature of workers’ compensation, you should seek the help of a workers’ compensation attorney. He should be able to help you determine the benefits you’re entitled to receive and the factors that must be considered.
There are instances when an employee who got hurt on the job is not entitled to workers’ compensation benefits. You must know your rights and act based on them when you’re injured while doing your work.
Tarais a budding law writer who enjoys reading about the current happenings in the legal field. She’s currently applying her law knowledge into her works, which she hopes can be beneficial to her readers. She spends time with her friends and swimming in his spare time.