What Are Your Legal Rights When You Are Injured at Your Job?

October 23, 2020

Do you know about your legal rights if you get injured at your workplace? Follow our advice to find out what to do.  

In every state, employers need to provide a safe and healthy working environment for employees. But some employers fail to manage their duty. As a result, employees get injured. Sometimes employees still can get injured on the job even if you make the environment safe. These injuries can be broken bones, illness, aggravations of pre-existing conditions, psychological suffering, etc. 

Every country has its own rules to help workers with job-related damage or injuries. In this article, you will learn about workers’ rights when they get injured in their workplaces.  

What Are My Legal Rights?

Workers’ compensation laws differ from one state to another. These rights for injured employees vary as well due to the different legal policies that secure those rights. Therefore, Eric Ramos Law will help to guide injured employees about their rights. 

  • You have the lawful right to file a claim for your injury in the state industrial court.
  • You have the legal right to consult a doctor and get treatment.
  • If you are recovered and released by your doctor, then you have the right to go back to your work.
  • If a workplace injury is caused by a defective machine or type of equipment, then the employee can file a case against the manufacturer.  
  • If workers are exposed to toxic substances that can result in long-term health issues, such as cancer, neurological damage, breathing issues, and lung disease, they can file a toxic tort claim on the manufacturer.
  • If you have any opposition to the employee’s compensation court or insurance-related matters, then you have the right to file against that decision. 
  • You have the right to select your personal lawyer to represent the case.

You need to understand the rights. It is also vital to disagree with certain offers. For example, if you are injured or wounded and your manager wants to use your health insurance to cover the medical expenses. Then you have the right to decline that offer. Sometimes your boss offers you some incentive in order to make you refrain from filing workers’ compensation claims, but it is illegal.       

Prepare Notes of What Happened 

You should prepare a detailed note about the accident, time, and place. Keep your notes in a safe place so that you can use them to claim your legal rights. 

For example, when you work in car maintenance, such as brake controller installation, repairing air conditioning systems, or moving a system, an accident can happen anytime.  

To prepare your notes after the accident, add time, date, and an eyewitness account of anyone who saw the accident. Sometimes your boss or employer might not support you if you got hurt at work. So, you will need that note to remind you about what exactly happened in the accident.  

What Are the Rights Against Third Parties? 

Sometimes you are at your workplace and a sudden injury occurs due to the negligence of a third party. Depending on the situation, it could be the fault of a person, system designer, a defective piece of equipment, or maybe the driver of the delivery truck. If your injury was caused by a third party in the time of the workplace, you can file a report against them. These claims are known as third-party legal claims.  

These claims are fulfilled by workers’ compensation rights. Instead, these claims come under civil lawsuits and are charged in the region or federal courts. For instance, you will not receive any compensation for pain or suffering under workers’ compensation rights. These are typically intended to spend on your medical costs or lost wages. But in a third-party legal claim, you can have pain and suffering compensation, which is in the category of non-economic damage.      

What are the Eligibility Requirements? 

There are fixed requirements that should be permitted to draw workers’ compensation benefits. 

  • Your manager has worker compensation insurance in the business. The requirements are based on the number of employees, category of business, and workplace employee performance. 
  • Your employer covers full and part-time workers, seasonal workers, and temporary employers. But sometimes domestic workers, undocumented workers, independent contractors, agricultural employees, and volunteers may not have the same rights.  

What Benefits Are You Authorized to Have?

The compensation for workers will cover all the medical costs during the diagnosis and treatment for the employers. This compensation also includes workplace injury, illness, doctor appointments, prescriptions, and surgery. Also, vocational rehabilitation benefits are available to the employees. 

Workers’ compensation provides lost wages when the employees are off from work. The disability benefits are the following.

  • Temporary Total Disability: it is a temporary total disability benefit for a limited time off work.
  • Temporary Partial Disability: Workers will be able to do light job duties before they can go back to a similar position of the job.
  • Permanent Total Disability: If some employees are permanently disabled and cannot do any work, they will receive permanent total disability. Also, they will be eligible to get Social Security disability payments.
  • Permanent Partial Disability: When an employee loses any partial or full part of the body while doing work, they will receive this benefit.
  • Death Benefits: When an employee dies during their job, their family is entitled to get death benefits.

Consult a Personal Injury Lawyer 

A personal injury lawyer is very important. A lawyer will give the best instruction for your case. But when you are doing your consultation, make sure you are clear about some aspects. You have to know about your lawyer’s skills and background. Also, try to know their assessment of your case. You do not want any lawyer who will not be able to give you any proper time. Lastly, know how much they charge for being a personal injury lawyer. 

The workers’ compensation system is run polished, but there are some times when you may need external assistance from an injury lawyer to guide you about those claim processes. This is important, because, without their guide, you may not get what you are eligible for.

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