If you are injured at work, you have the right to be compensated. Under the law, all employees are entitled to receive certain benefits and assistance if they suffer an injury that prevents them from performing their job. This article discusses what steps you should take after getting injured at work in order to protect your rights under labor law.
Get Legal Support
If your injury was the fault of someone else, then that person or company should pay for your medical bills and time off from full-time work until you are well again. Even though some workers’ compensation plans cover all costs related to on-the-job illness or accidents in most states, it can take several months before benefits kick in after a claim has been filed. During that time, you can easily rack up a lot of medical bills and lose income from not being able to work full-time hours.
An attorney can advise you of your rights and tell you what to do at every step so you can ensure you are fully provided for. You may also want to contact an attorney if your employer retaliates against your compensation claim by firing you. The internet is a great place to look for excellent work accident attorneys. Visitors to https://www.fendonlaw.net demonstrate peoples’ desire for live chats and free initial consultations and case evaluations. People want to receive help with workers’ compensation, social security disability, and employment law.
Get Medical Treatment
When you’re injured at work, your employer should provide a medical examination and follow-up care plan. It’s important to get treatment for your work-related injury as soon as possible, even if you do not believe it’s serious or if your employer won’t allow medical leave. Keep detailed records about how long you missed from work and any medical bills incurred during the recovery period following the injury.
If you don’t see a doctor immediately your employer could challenge your injury and say it didn’t occur at work, but later on. Follow any instructions given by medical professionals about treatment plans and when it is safe to return to work – and whether any kind of restrictions will be necessary (e.g. no lifting of items over 20 pounds) to protect your full recovery. If you don’t take the prescribed medication or do the recommended exercises it could jeopardize your legal claim.
Tell Your Employer
The moment an injury has been sustained you need to either tell your supervisor, manager, or HR department.
You should also make sure you get an acknowledgment in writing. This is important to protect your rights if the injury worsens or becomes permanent.
Document The Event
You will need to create an account of what occurred and when, and you may want to talk with an attorney about taking pictures of any injuries immediately after they have happened.
If there were any witnesses to your accident, it is important to obtain their contact information and a full statement of what happened. This could provide key evidence to support your claim if it is challenged in any way.
Accept That Your Company Could Be Responsible
There are many ways that employers can violate workplace safety laws, including failing to train their employees on proper procedures, providing inadequate equipment, or creating unsafe working conditions (e.g., overcrowding).
As well as reporting any retaliation or discrimination from management following your claim, you should also report any violations of workplace safety laws so that the OSHA can investigate them. Don’t be afraid to take action because this could protect future employees from becoming unnecessarily hurt, too.
Don’t Give Up
If your claim is denied your lawyer may advise you to file a formal claim petition or request a formal hearing. If you and your employer can’t agree on a formal hearing date, one will be scheduled for you by an Administrative Law Judge (ALJ). It’s important to go because if the ALJ doesn’t side with you or your employer after this formal hearing is held, it probably won’t do any good to appeal their decision later. If the judge turns down your case you can appeal to the Superior Court Appellate Division.
As you can see there are many steps you can take to protect your rights throughout the process. Your attorney can ensure you take the wisest steps and acquire all the evidence needed to back up your case. Hopefully, you will fully recover and also receive sufficient financial compensation to enable you to resume work once again and to live your life to the full.
