What information is important to know when working in the US?
Does the injury have to occur during the workday so that you can apply for compensation?
It can occur during the usual working day, carrying out activities related to it (even outside of routine hours) and because of repetitive work over a long period.
I am afraid of being fired if I open a workers’ compensation claim. Is that legal?
It is entirely illegal for the employer or employer to harass, dismiss, refuse to rehire or discriminate in any way against a worker for exercising the rights granted by law. If this happens, the employee can file another separate claim in the case of an accident at work.
An example of this is the trial of the electric car manufacturer Tesla, accused of threatening deportation of immigrant workers. However, it is important to note that an employee with a claim or pending compensation claim may still be subject to disciplinary action or dismissal for other valid reasons.
What are the most common injuries that qualify for Workers’ Compensation?
The most common can be found in work injuries: in the back, neck, head, lower and upper extremities—also, fractures, sprain, tears. Burns of a significant degree or poisoning by certain substances such as asbestos and lead would be common injuries from toxic or hazardous work. And it is quite common to suffer repetitive work injuries.
What is a temporary disability?
It is the period given by doctors to sick or injured workers to restore their health. This period complies with the maximum limits established by the state. During this time, the worker can receive a proportional part of his salary until the doctor gives him the medical discharge.
What is a permanent disability?
This type of disability occurs when, due to the type of injury or illness, the damage caused is permanent. The worker will not be able to return to work, so financial compensation is granted.
I am an undocumented person; do I have the right to claim work incapacity?
If you have the right to claim compensation, it is a right that is stated in the Constitution of the United States. The country’s laws apply to all people who are physically in the territory of the United States. citizenship does not matter.
I work in a place that is considered dangerous or toxic. Should my employer provide me with special security measures?
If this is the case, there are places where the employee is required to use special equipment to protect themselves and not harm their health. In case this does not happen, it is negligence on the employer’s part.
What is the deadline to claim workers’ compensation?
To receive workers’ compensation benefits for a work-related injury or illness, a claim must be filed within a certain period. The law of each state (or US law for employees in the federal workers’ compensation program) sets the deadlines for filing claims. These deadlines can be quite different from one state to another, but the truth is that the sooner the claim or claim is filed, the better.
I am living with employment discrimination. What should I do?
Labor discrimination can be reflected in many ways, and among its consequences, there can be physical injuries, psychological problems, stress, or even unjustified dismissal. Learn more about employment discrimination and what to do to defend yourself.
I am suffering from labor harassment. What can I do to defend myself?
Workplace harassment is an illegal act punishable by law, for which it is possible to claim compensation. If you are going through this situation, you must read more about job harassment.
What happens if the person dies by accident at work?
Direct family members have the right to claim compensation for the death of their relative. Therefore, you must contact a specialized lawyer to carry out the procedures and receive the benefits as soon as possible.
How can I avoid accidents at work?
Verifying that the company where you work complies with all safety regulations and keeps abreast of the conditions you must work. It attends all the requested measures and the courses that are given on the procedures or the correct use of instruments or work equipment. And even then, report any damage or failure that you observe with the material or equipment that you use to perform your functions.
How much time do I have to report an accident at work?
The statutes of limitations dictate how soon a claim for workers’ compensation benefits must be filed after an injury to the workplace has occurred. It is important to review this information according to the state where the incident happened. States also have deadlines for notifying the employer of an injury in the workplace (usually between 30 and 60 days, but sometimes less). So, although you can have two years to file a claim or demand, for example, you only have 30 days to inform the employer. In addition, statutes of limitations on workers’ compensation often depend on the nature of the claim or the type of case.
I do not have physical discomfort; what I do have is a lot of stress. Does it also qualify for compensation?
Yes, you can qualify. It depends on the state of the country where the claim will be presented and the requirements that will be requested to prove it. Therefore, it is particularly important that from the beginning, go to the doctor to open a file that reports the condition, causes, and treatment prescribed for the restoration of health. It is also important to notify the employer or employer of the disease as soon as it is detected.
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