What Are My Rights If I Get Injured at Work?

Experiencing an injury on the job can be a traumatic experience, emotionally and physically. It is vital for injured workers to know their rights and the process for receiving compensation and medical treatment. This article will examine the rights of injured workers, and detail some of the benefits and protections that they are afforded by law.

The Right to Submit a Workers' Compensation Claim

An injured worker's most significant right is the right to file a workers' compensation claim. Workers' compensation is a mechanism for providing monetary benefits to workers injured on the job—regardless of fault. The compensation system generally includes benefits for medical care, lost income, temporary disability, and if your spouse was injured at work and died as a result, you may qualify for death benefits.

Filing a Claim

Filing a workers' compensation claim is generally an uncomplicated process; however, it must be done correctly. Follow the steps below to file a claim:

1. Notify Your Employer: As soon as you are injured, notify your employer. This notice begins the claims process.
2. Get Medical Care: Seek medical treatment for your condition after notifying your employer. Workers' compensation will pay all costs associated with any medical care you need such as emergency medical care, hospitalization costs, therapies, assistive devices, and in-home care.
3. Complete the Claim Form: Your employer must provide you with a claim form. Fill out the claim form accurately and submit the claim form to the appropriate third-party administrator or insurance company.
4. Follow Up: After your claim is submitted, follow up with your employer and the insurance company to check on the status of your claim.

Taking Legal Action Against Your Employer for Negligence

Although workers' compensation may offer benefits, it does not cover all costs associated with an injury. If you believe that your injury was caused or made worse by your employer's negligence, you may have a right to sue them for negligence in a personal injury lawsuit. In personal injury lawsuits, unlike workers' compensation claims, there may be a statute of limitations that limits the amount of time you have to sue, so it is wise to seek legal advice as soon as the injury occurs.

What Are the Causes of Action?

If you seek to sue your employer, you can seek damages for:

Medical Bills - reimbursement for medical expenses for the injury

Lost Wages - reimbursement for lost wages due to your inability to work

Permanent Disability - damages for permanent impairments that preclude you from returning to work

Pain and Suffering - non-economic damages for pain and suffering and damages caused by the injury

The Right to Collect SSD Benefits

If your work-related injury results in significant restrictions limiting your ability to work or can no longer work at all, then you may be eligible for Social Security Disability (SSD) benefits. SSD benefits are federal benefits that are supposed to compensate a worker for the financial impact of an injury, which resulted in either a permanent or temporal mental or physical impairment. To qualify for SSD, you must show: (1) you are unable to do substantial work because of a serious medical condition; and (2) the serious medical condition has lasted, or is expected to last for at least 12 months.

The Right to Legal Representation

Getting hurt on the job can be a real headache, especially when it comes to filing for workers' comp. While the process is supposed to be straightforward, it often turns into a mess. Insurance companies and bosses have all sorts of tricks up their sleeves to downplay injuries or flat-out deny claims. That's where a good lawyer comes in handy. They've been around the block and know how to cut through the red tape, making sure you get what you're owed.

The Right to Sue Third Parties

Sometimes, it's not your boss's fault you got hurt. Let's say you were using a piece of equipment that went haywire and left you injured. In that case, you might be able to go after the company that made the faulty gear. This could help you cover those pesky medical bills, make up for lost wages, and handle any other expenses that pop up because of the accident.

The Right to File a Complaint with OSHA

If you've got a hunch that your injury happened because of sketchy working conditions, safety slip-ups, or someone dropping the ball, you can always give OSHA a shout. They're the folks who keep an eye on workplace safety. They might swing by your job to check things out and make sure it's not a disaster waiting to happen. Your heads-up could end up making things safer for everyone and stop more people from getting hurt.To wrap it up, if you find yourself nursing an injury from work, you've got options. You can file for workers' comp, take your boss to court if they were negligent, apply for Social Security Disability, get a lawyer on your side, sue other parties involved, or report issues to OSHA. Knowing these rights inside and out is key to getting the help and money you need when you're down and out.

The Right to Legal Representation

While the process of making a workers' compensation claim is designed to be simple and straightforward, many injured workers find that their cases become complex. Insurance companies and employers often use various tactics to downplay injuries or deny claims altogether. An experienced attorney can help navigate these complexities, ensuring that your rights are protected and that you receive the benefits you deserve.