On The Job Injuries Are Very Real
On The Job Injuries Are Very Real
No one sets out to get hurt on the job, and no employer wants to have an employee hurt on the job. Based on this, one might assume that getting fair compensation that protects all of your rights as an employee is a forgone conclusion and an easy process. The employee only wants what’s fair and the employer wants the same thing.
Unfortunately, one would be wrong far too often since often employees need help to ensure their rights are protected and the laws are followed. A workplace injury lawyer can help you through the difficult process of dealing with a work injury.
When considering worker’s compensation, there are certain rights that are guaranteed under the law, but often, if the injured worker doesn’t have legal representation, the employee doesn’t receive what is due to him or her. In most circumstances:
Any employee who has suffered from a work-related injury or gotten sick due to materials or work conditions can receive a leave. If this happens, the employer cannot end the employment, lay off, demote, or discipline an employee who must miss work due to a work-related illness or injury.
The employer will generally have an insurance plan that provides for an employee who has been unable to work because of a work-related illness or injury. Wages shall be protected under this plan. The wage protection plan should pay an employee who has been injured or gotten ill on the job at an equivalent rate as determined by the worker’s compensation legislation in the state that is the employee’s permanent residence.
An employer is required to allow an employee to return to work when that return is possible.
If an employee is not capable of doing the same job they did prior to becoming ill or injured on the job, the employer has a legal right to assign the employee to a different position. The different employment can have different terms and conditions of employment.
A common issue injured or ill employees have regarded the continued payment of pension, health and disability benefits, as well as accruing what seniority the employee might have had if work had not been missed.
The employer is obligated to pay pension, health and disability benefits, and seniority will accrue while the employee is missing work due to a work-related injury or illness. It is worth noting that the employee is responsible for contributions that are normally made and these must be paid within a reasonable time. If the employer normally performs some sort of match for contributions, the employer shall continue with the same match.
If the employee does not make the required contributions then the employer is not required to make their portion of the contribution payment either.
Keep in mind that although workers’ rights regarding filing lawsuits and suing their employers for workplace injuries has been restricted by workers compensation agreements the United States, there are some exceptions to those laws at times. We can help you find out if your situation triggers one of those exceptions.
Although in most situations this deal has removed any opportunity to receive compensation other than regular pay and medical bills, there are some circumstances in which an ill or injured employee can receive compensation as a result of working conditions or work-related incidents.
We recommend that you report to the emergency department of a hospital or see your family doctor as soon as possible, prior to making a claim so you can have substantiation of your injury or illness.
Take photographs in all situations when it is possible. The photos should document the location of the injury, something should also be included in the photo to prove the scale of the injury, and if there is any other pertinent information that a photo can document.
Make an attempt to get the important and pertinent information of any witnesses of the incident. The information should include their name, address, and telephone numbers.
Allow us to give you legal advice so your rights are protected, and so that if you will be able to sue for negligence or due to the employer not respecting your rights you have under the law, we can guide you through the process.
Workplace injuries and illnesses are often a difficult and overwhelming situation and can be hard for employees to handle correctly. Allow us to guide you through the process to protect you and your loved ones.
Disclaimer: This blog is strictly informational. No intent to render a legal opinion or give legal advice is intended.
