While you may not have been one of the unfortunate people to get injured at work, if it happens to you, you need to know how to deal with the event. It can be a shocking experience, so it is helpful to be aware of the ins and outs in advance. We look at the process you need to follow and what your legal rights are.
The Process For Workplace Injuries
In the event of a workplace injury, the first step is to make sure that your immediate supervisor is notified. If you are unable to do this, ask a colleague to do it for you. The supervisor will be required to fill out forms and record the incident. The next most important aspect is getting treatment. This may take precedence if you are severely injured. Some injuries can be life-threatening.
Keep every single document relating to your injury. This includes work forms and doctor’s records, as well as any photographs or diagrams of the case. Follow up a verbal notice to your supervisor with a formal written memo as some states demand a written notification. You will have a fixed period within which to submit this due to the statute of limitations. This varies by state.
Legal Rights After A Workplace Injury
Every employer is bound by law to provide a healthy and safe working environment and to comply with all legislation in this regard. Should your employer be responsible for any injury you sustain in the workplace, you will have the right to institute a legal compensation claim.
You may feel this is not necessary. However, an accident now can cause you problems at a later stage of your life. You may find an old injury is aggravated by the new one or even suffer psychological trauma. Some incidents result in the person being unable to continue working to support themselves.
Workers’ compensation can differ quite dramatically between one state and another in the USA. There may be a difference in the processes that need to be followed to make good on your claim. However, the rights afforded to American citizens do include a number of commonalities.
Firstly, you are entitled to make a claim for workers’ compensation if you were hurt or became ill due to acts or omissions of your employer.
Workers’ compensation laws vary depending on what state you live in. The rights of an injured employee also vary, as do the legal processes that ensure those rights. Secondly, you have the right to be treated by medical professionals. Thirdly, if the injury is permanent or keeps you from working, you are entitled to be compensated. Lastly, you can obtain legal assistance to pursue your claim. You can click here for further information.
Hopefully, you never experience a workplace injury, but if you do, you will know what to do. If in doubt about your next steps, or if you feel your employer is liable, talk to a lawyer.