Successful businesses always ensure a healthy and safe work environment for employees. However, accidents can still happen while performing one’s job responsibilities. Knowing your legal rights when you get injured on-the-job can help you obtain the kind of justice you need.
Right to File an On-the-Job Injury Claim
Reporting your injury to your employer initiates the filing of a worker’s compensation claim. This is one of the most fundamental rights of anyone who sustained an on-the-job injury. This is also the easiest and most important way you can protect your legal rights.
However, it is critical to observe the period of time that you should report your injuries. States can have different requirements when it comes to injury reporting. This can be within the same work day or within 3 to 4 days after the incident.
Unfortunately, there may be some injuries that are more serious than others. It would be best to report the incident as soon as practical. A personal injury attorney like those from Aronberg Law can help you determine the prescribed time period for reporting such injuries.
There may be some employers who may offer some kind of incentive in exchange for not filing an on-the-job injury claim. You have the legal right to refuse such an offer. Know that such attempts by employers are also illegal.
Right to Seek Medical Treatment
There are some employers who may not want to cover the medical treatment of their injured or sick employees. They may ask the employee to use his or her health insurance instead. It is your legal right to refuse.
Your injuries are well within the boundaries of your work. It is the employer’s responsibility to make sure that you get the medical treatment that you need.
A licensed physician should be able to make an accurate assessment of your injuries and have these documented in an accurate manner.
Right to Return to Your Work
Some employers may not take the filing of a worker’s compensation claim in a wholehearted manner. They may resort to tactics that will make it difficult for the employee to return to work.
Employees who pursue an on-the-job injury claim should be able to do so without fear of harassment or reprisal from their respective employers. Know that such actions from employers can often translate to more severe penalties.
Right after seeking clearance from appropriate health care authorities, you have the legal right to resume work. It is imperative that your employer does not use the filing of the claim against you.
Right to Disability Compensation
It is also your legal right to receive compensation for your disabilities, secondary to the injuries you sustained. This is especially true if you can no longer return to work due to your work-related illness or injury.
This also applies to temporary loss of employment due to injuries or illness sustained at work. The employer should be able to offer you some form of compensation for your disability.
Not many employers will agree to such an arrangement. That is why it is important that you have an experienced on-the-job injury claim attorney to guide you. He will be able to negotiate the best possible disability compensation for you.
Right to Appeal the Decision
There are many instances when the decision of the employer or the insurance company is very disadvantageous to the employee. This is understandable because these entities’ main concern is the company’s bottom line.
The same is true with the decision of the workers’ compensation court. If you think this is not to your advantage, then you have the right to appeal such a decision.
Unfortunately, many employees do not know what decision is advantageous to them and which ones are not. Having a personal injury lawyer assist you in the process should safeguard your legal right to appeal.
Right to Legal Representation
All employees who got hurt on-the-job have the right to seek legal representation. This is one of the most important legal rights you can ever have.
The process of filing a compensation claim may look easy. However, there are many unforeseen loopholes along the way. Employers and insurance companies can exploit these loopholes and put you at a disadvantage.
It is important to know your legal rights whenever you get injured at work. Having the best personal injury attorney should help navigate the process much easier. You could and should contact a professional like David Aronberg at Aronberg Law today for professional lawyer assistance for your case.
