Employers are required to provide a reasonably safe work environment, but work-related injuries do happen. From broken bones to illnesses related to the work environment, there are a lot of ways to get injured on the job.
In this article, we’ll discuss worker’s right when these injuries occur.
What to Do After a Work Injury
When you get injured at work, the first step is to report the injury to your employer. Most states require this report to be made with a certain timeframe, usually the same day or within a few days of the incident.
The next step you can take is to file a workers’ compensation claim. This provides formal notice of your injury to your employer, the court, and your employer’s insurance company. You’ll automatically receive certain protections after filing the claim.
Workers’ Compensation Rights
Typically, if you’re injured at work and your employer has workers’ compensation insurance, you can’t sue your employer for your injuries. Instead, you file a workers’ compensation claim. These vary by state, but typically you have the right to:
- File a claim for your injury or illness in workers’ compensation court or the state industrial court
- A workers’ compensation hearing
- Receive all workers’ compensation benefits you’re entitled to
- Return to your job (if released to return to work by your medical provider)
- See a doctor and pursue treatment for your work-related injuries
- Appeal a workers’ compensation claim denial
- Be represented by an attorney throughout the process
- Disability compensation if you’re unable to return to work because of the injury/illness
You also have the right to refuse certain requests or offers, such as being asked to use your own health insurance to pay for treatment. Workers’ compensation laws allow you to pursue a claim without fear of harassment from your employer. If your employer makes it hard for you to exercise your rights, talk to an experienced attorney.
Can You Sue for a Workplace Injury?
You may be able to file a lawsuit if your employer’s intentional actions caused your injury, if your employer fraudulently hides information about the injury, or the injury happened outside the normal course of your employment.
If your work injury was the result of the fault or negligence of a third party, like the manufacturer of defective equipment, you might have the right to file an injury claim against that person or entity. Speak with an experienced attorney about your situation to determine the best approach for your unique circumstances.
If you or a loved one has been injured, contact the Schuerman Law office today. Schuerman Law has been working with personal injury claims for over 40 years. John Schuerman will compassionately advocate for injured individuals as well as their families while fighting for full compensation of their claims. Schuerman Law offers evening and weekend appointments in addition to home and hospital visits. Schedule a free consultation today by calling 1-800-274-0045.
