All employees have the right to a safe workplace. Therefore, almost all workers are covered by compensation. Workers’ compensation can be considered as insurance paid by the employer that covers financial benefits and medical treatment for employees who get injured or suffer from: an illness as a result of their work. When an employee is injured while working, he or she has the right to request the benefits that his employer owes him by law.
Sometimes, an employee can receive retribution even if his injury was caused by his own negligence. The only circumstances that disqualify an employee are if they were intoxicated at the time of the accident or if the injury was the result of their intentional misconduct.
The coverage available to employees varies by state and occupation. Despite this, there are some things that one should do immediately after injuring oneself at work to protect their right to compensation.
1. Get medical treatment
If it is an emergency, call 911 or go to the emergency room at once. Tell the medical staff that you hurt yourself at work. If possible, contact your employer for instructions. If your injury does not need urgent treatment, you should ask your employer which doctor you need to go to be covered by your insurance. If you go to the doctor your employer has indicated and you are not satisfied, you should consider going to another doctor of your choice. Even if the workers’ compensation does not pay for a second medical visit, it may be worth it for you to pay it and have a second opinion in case you have a problem with the compensation or do not give enough to compensate the consequences of the injury. If you have health insurance, you may have a second visit.
2. Complete a report about the accident
If you were injured in an accident at work, inform your supervisor or your employer at once. In most of the United States, you only have 30 days to file a claim, and it is always best to do so as soon as possible so that your benefits do not dilate and so as not to lose the possibility of claiming your benefits. Even if you are not injured, your employer can take action to prevent accidents in the future if you report an incident. If possible, you should take notes about the event to remember all the details below. Write down any unsafe risk or condition, defective product, or action neglected by colleagues. Take into account if a colleague was present in case their testimonies are needed later to check responsibility and report all this information to your company and your union.
3. Report the injury or illness
If your injury or illness developed gradually, report the condition as soon as you realize it is related to your employment. You must fill out a claim form for workers’ compensation immediately, because your employer is not obligated to give you benefits until you do so. You must keep a copy of the form. When your employer receives the form he or she is responsible for notifying your insurance company and taking care of your medical treatment. Follow up to ensure that your boss completes the claim for compensation.
4. Talk to a lawyer
An employee’s claim is only paid when the employer or their insurance company agrees that the injury or illness is a result of the work. If they dispute the claim, you do not receive benefits until a judge makes a decision. If you have any difficulties, or questions about your case, consult a lawyer immediately to make sure that you and your family do not go to work after a work-related accident.
Other things to keep in mind:
- One does not have to be a legal resident of the country to receive the majority of workers’ compensation benefits
- Your employer has to pay for your medical treatment
- If your work injury was the fault of the negligence of a third party, such as a defective product or the driver of a truck, you may be able to file a “third party” lawsuit against the manufacturer of the product or company. transport. This is an independent process of labor compensation, which means that through a lawsuit you can receive compensation for “non-economic” damages, such as pain and suffering, which cannot be done through a claim of labor compensation.
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