If you are injured on the job, you are entitled to workers' compensation. However, insurance companies often pay little benefits to the victims as a result of different factors. There are certain things that you should understand to protect your legal rights. Here is some important advice on the measures that you should take when injured at work.
Report the Injury
First and foremost, you should report the injury to your supervisor immediately. Make sure you notify your manager within 30 days of the accident or when you begin to notice the signs of illness. If you fail to report the injury on time, your employer can dispute your claim, and you end up losing your legal rights to get compensation. When you report the incident to your employer, make sure you fill out the workplace injury report and keep a copy for your records. You also need to document necessary evidence that you can use to support your compensation claim. For instance, write a diary of everything you remember about the incident. You can also take photos of your injuries and other relevant features around the accident scene.
Seek Medical Treatment
After a workplace injury, you have a right to get medical treatment. Your company should take you to the nearest emergency room soon after the incident. You still need to visit the hospital where a doctor will have a close look at you and also write up a report for you. This document determines the settlement you should get for your injuries. You should also follow the physician’s instructions if you want to recover quickly. In many cases, you may sustain injuries that are not clearly visible and you may not feel any pain immediately- however, you should still go visit a doctor to be sure. There are many ailments that don’t materialize until later on, and this can jeopardize your right to compensation if the insurance company disputes your claim.
Get Legal Advice
Workplace injuries are often resolved by the employer if they have workers’ compensation insurance. However, you have a right to seek legal advice from an experienced lawyer since the insurance companies may take advantage of workplace victims. Experienced workers’ compensation attorneys from Davis Sanchez explain that you will get peace of mind if you get legal representation for your case. Professional attorneys know how to handle such cases, and they will fight on your behalf until you get the compensation you deserve.
The Right To File A Claim
In most states, employers with more than 10 employees are required by the law to have workers’ compensation insurance to protect the employees. In the case of workplace injury, the employer is responsible for processing worker’s compensation benefits for the victim. However, you have the right to file a workers’ compensation claim if the employer fails to do so. The compensation claims are usually handled by the responsible Workers’ Compensation Board. Remember to file your compensation claim within two years of injury, otherwise, you may lose your legal rights to it.
When you file a compensation claim, you have a right to get the settlement you deserve. If you become disabled as a result of a workplace injury, you should get disability compensation. This applies in situations where you can no longer work as a result of the injuries. You should seek legal advice from your lawyer about the steps you can take to get disability compensation.
You Have a Legal Right to Return to Your Job
If you file a lawsuit against your company to get worker’s compensation benefits, your employer has no right to intimidate or victimize you. All employees are protected by the law, and employers who discriminate against their employees can be penalized heavily. You also have a right to go back to your work when the doctor says so.
Appeal a Denial
Insurance companies are in business, and they aim to maximize their profits at all costs. Therefore, it is not surprising that you may be offered too little a settlement despite the evidence showing your injuries. If your employer or insurance company denies your claim, you have the right to appeal a denial at the state labor court. You also have a legal right to share the side of your case and to be heard by a judge. They will make a final verdict on your compensation claim.
If you are hurt at work, you are eligible for workers’ compensation. However, this is not usually easy since insurance companies are concerned about protecting their business interests. To get the compensation you deserve, there are different measures that you should take. The tips above can go a long way in helping you protect your legal rights in the event of a work-related injury.