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What Are My Legal Options After Workplace Injuries ?

by Nancy Ahuja 2 years ago in advice
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Legal & Law

In every state, employers are required to provide reasonable working conditions for their employees. Even when there are set procedures in place, accidents still happen. How an employer responds to these injuries makes all the difference. Employers are supposed to follow the state rules provided by the OSHA to ensure workplace safety. If you have been injured at the workplace and your employer is not taking the right protocols to ensure your work-related injuries are taken care of, you have the right to file a claim.

What Are My Rights If I’m Injured At Workplace?

Most of the employees who get injured in the workplace never know their legal options. This makes it easy for the employer to twist them in any manner possible. For example, some workers even agree to have injuries or illnesses covered by their own health insurance policies. This is not right. These employers also try to woe their workers to accept any treatment and be offered some incentives to help them through the recovery period. If you have suffered work-related injuries and your employer is trying any of these methods, you should find plaintiff employment lawyer to help you understand the applicable laws. For anyone who may have suffered from work-related injuries, there are many legal rights that should be exercised:

  • You should seek medical treatment after the injury.
  • If treated and have received a return to work report, your employer should allow you back.
  • If the injuries have caused some disability or illness that may not allow you to return to work, you have the right to receive disability compensation.
  • You have the right to file a claim related to your injury in workers' compensation to receive benefits: You claim may either be accepted or rejected.
  • You have the right to appeal any decision against your employer or any other agency. The claim adjuster may deny your injury claim. And if such happens, you can only challenge this decision when you apply to the adjudication of a claim.

What To Do If You Have Been Injured At Workplace

Though most of the workers fear that filing a claim will expose the company, not every injury reporting should be avoided. Even what seems small may escalate to a significant injury or lead to severe illness. As such, the best thing would be to look for an employment lawyer who may advise on what to do in terms of taking legal action according to California employment law. If you’re injured, make sure to follow the below steps:

If possible, report the injury to your supervisor or manager: You may wish to give out the names of any worker who witnessed the injury. Your employer must provide you with a claim form should you request one. If you were working outside the company premises, you should call to inform the relevant person about the injury. The law allows for 30 days to report any injury, and the countdown began when the injury occurs.

Make sure to seek medical attention if the injury poses a threat to your life: This should be the first step depending on the nature of your injuries. Provide every detail of how the injury happened

Look for an experienced employment lawyer who can take you through the process of filing the complaint: This puts your employer and his/her insurance company on formal notice of your injury. You don’t have to worry about filing the claim; the law protects you against any retaliation by your employer. If your boss is unwilling to cooperate; hefty penalties and fines may be imposed on them.

According to California law, you can only qualify for workers' compensation benefits if your injuries have arisen from the course of employment. The benefits you receive are deemed to help you get the right medical treatment that will help you recover from injuries. They are also to help you recover any lost wages during recovery and help you resume back to work. Again, the benefits are also to help if you had a permanent disability. Depending on the severity of your injuries and other eligibility requirements, you may collect Social Security Disability Insurance (SSDI).

Looking For Legal Help

Since laws keep changing, it’s better to retain an employment lawyer to help you understand the current issues if you have been injured. You should make sure to follow all the procedures required to file a successful claim. Sometimes, it becomes confusing whether to file a worker’s compensation claim or file a civil lawsuit. Your lawyer can guide you in understanding the right options and the benefits of each option. As long as you’re eligible for benefits, it’s better to file a worker’s compensation. The only disadvantage with this is that you can’t receive punitive damages.


About the author

Nancy Ahuja

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