If you’re ever exposed to an accident at work where you end up in the hospital because of an injury or illness, you may be torn between claiming your rights and your responsibility or loyalty to your employer. You may not know how to approach the situation legally without upsetting any of the parties involved. However, you’re also entitled to compensation for your injuries. Without proper acknowledgment of the situation, you can end up losing your rights and paying huge expenses out of your pocket, so it’s important to be aware of your legal rights during a personal injury claim.
Moreover, you need to understand how you can settle your claim on good terms with all the involved parties. In this article, we explain the importance of knowing your legal rights after a workplace injury.
To Receive Proper Medical Treatment
If you suffer from a workplace injury due to your employer’s negligence, and they try to prevent you from receiving proper medical assistance, it’s considered a law breach. This means you’re entitled to file a lawsuit or seek professional legal help from a personal injury attorney to receive the proper medical treatment you deserve. However, in most business premises and workplaces, there should be a first aid officer present during the occurrence of an accident or injury. Besides visiting your general practitioner, make sure you see that person if you sustain any injuries. This is why it’s important to know your legal rights, as your employer should never be allowed to prevent you from getting medical help for your injuries.
To Receive Insurance Coverage
In most states, employers must provide their employees with workers’ compensation insurance coverage under the law. Some states even require employers to provide this coverage to their employees who are designated as part-time employees, seasonal employees, independent contractors, and temporary employees. Even though some employers may pretend or claim that they are not obliged to provide insurance coverage, the exceptions to workers’ compensation legal requirements are very limited. You should contact a lawyer if your employer does not provide you with insurance coverage for your injuries. It’s very important that you familiarize yourself with these rights. You’ll need to take advantage of all your legal rights if you or someone you love suffer from a workplace injury.
To Make Additional Claims
Sometimes, you may need to file other legal claims other than your workers’ compensation claims. While you won’t necessarily need to sue your employer for your resulting injuries, you may need to sue them for other consequent reasons, such as firing you or retaliating against you after you filed your workers’ compensation claim. If any of this is done to you, then it is considered wrongful termination. According to the personal injury lawyers at Kendall Law Firm, a lawyer that specializes in this area can help you keep your legal rights and defend you against your employer. You may also sustain workplace injuries due to the negligence of a third party at work, which means you’ll need to file a personal injury claim against them. These situations require complete knowledge of the law so that you can claim all of your benefits and rights.
To Avoid Working in the Same Stressful Environment
Removing or temporarily relocating an injured employee from the environment or situation that caused the problem is helpful until they can complete their recovery. This works with both physical and psychological injuries such as trauma or stress. If your job involves physical labor such as carrying heavy boxes or standing for too long to name a few, your employer is bound by the law to facilitate your work duties or assign you lighter tasks until you finish your recovery period. Know when to contact your attorney. By knowing your rights, you’ll save yourself a lot of hassle and finish your recovery period properly.
To Claim for Benefits
After you report your injury, you are entitled to benefits for your injuries. If your employer does not provide you with these, you have the right to claim workers’ compensation benefits. This also includes the right of protection from your employer in case they try to fire you or retaliate against you for your claim. Insurance companies and employers gain extra money every time, they deny or underpay workers’ compensation benefits, and this is why you need to be aware of your legal rights when filing a claim. You need to defend yourself against your employer and still claim workers’ compensation benefits. If you want to learn more you can contact Cohen & Marzban.
Recovering from an accident is difficult, especially when your injuries are caused by your employer, who also pays your salary every month. You’ll be confused about whether to sue them or stay on good terms with them to protect your job. If you do the latter, you’ll end up paying mounting expenses for your workplace injuries, which are not your fault. Instead, make sure you’re aware of your legal rights within the workplace so that you can claim your benefits if you ever sustain workplace injuries.