Every day people are injured on the job. And few often know their legal rights when that happens. In addition to the right to file a workers compensation claim, employees injured on the job often have other legal options available to them to get the compensation they need to address their injuries, time away from work and other damages that come into play.
Employers are required by law to provide a reasonably safe work environment. Of course, not every employer does so, and when an employee is injured as a result workers compensation is typically the first route to pursue damages. Even if an employer makes a reasonable effort to ensure the workplace is safe, employees can still be injured on the job. Broken bones, occupational injuries, a resurgence of pre-existing conditions and even psychological trauma are the kind of injuries people across a variety of industries are apt to suffer on the job.
Steps to Take When Suffering Injury On the Job:
Aside from seeking medical treatment, one of the first things an employee should do when suffering injury on the job is report their injuries to their employer. Reporting the injury within a minimal amount of time is important when seeking redress through workers compensation.
After that, it becomes important to file a workers’ compensation claim with the local worker’s comp court and the employer’s insurer. After the claim has been filed there are automatic protections that become effective.
Your Rights When Filing a Workers’ Compensation Claim:
Filing a claim with workers’ comp doesn’t automatically mean you will be awarded compensation. However, there are some rights you need to understand when filing a claim. They include:
- the right to see a doctor and to pursue medical treatment
- the right to return to work if released by your physician
- the right to some sort of disability compensation if your injury or illness prevented you from returning to work (whether permanently or temporarily)
- the right to appeal a decision by the worker’s compensation court if you don’t agree with it
- the right to be represented by an attorney during the claims process
You also have the right to refuse requests or offers after suffering injury on the job, like an offer to seek medical treatment via your own health insurance; or an incentive of some sort to avoid filing a workers’ compensation claim.
Finally, you have the right to file a workers’ compensation claim without threat of reprisal or employer harassment. There are stiff penalties for employers who return workers’ compensation claims with such treatment.
In addition to filing a workers’ compensation claim when injured on the job, you may be eligible for personal injury damages stemming from third-party liability and even in some cases employer neglect. If you have questions about a personal injury claim stemming from an on-the-job injury call the attorneys of Bizzieri Law Offices, we have a wealth of experience in winning work-related injury cases. We fight hard for our clients and have a proven track-record of success in winning the highest damages for them. Call us at 773.881.9000. We can help.