What Are My Rights if I Get Hurt at Work?
Updated: Feb 24, 2022
Getting injured at work is unfortunate and may lead to incapacitation. The financial consequences, pain, and suffering can remind you of the ordeal daily. One may find a challenge bringing up a compensation case against the employer. Employees find themselves torn between their responsibility to the employer and themselves. It is hard to know how to go about claiming personal injury compensation.
It is best to know where you stand and where your employer stands to see things clearly and to come to an understanding. Since the accident may impact all the aspects of your life, hire a workers’ comp attorney to help. Reach out to a team of professional lawyers at Powell Law Firm. Asserting legal rights to get fair compensation helps one in easing their burden.
Often, workers don't know their rights when they get injured at work. Some may even fail to report injuries and choose to move on from the occurrence. That should not be the case. So, to answer the question, "What are my rights if I get hurt at work?" note some of the following:
Workers Rights if Injured at Work
The Right to Medical Treatment
After an injury, an employer cannot block a worker from getting proper medical care. One cannot also be forced to keep working with the injury. In the same way, an employer has no right to deny an employee the chance to see a doctor. The employer can, yet, propose where the worker can seek treatment.
Freedom from Retaliation
At times, employers may be tempted to fight back. Employees with successful claims may be in for it. Professional lawyers like the ones at Powell Law Firm steps in to provide protection. It becomes impossible to fire, demote, or reduce the pay of such an employee. Should the case be different, the attorney steps in to seek compensation. They can also ask for reinstatement if necessary.
Right to Legal Representation
On getting injured at work, engage local attorneys like Powell Law Firm to step in. The attorney takes you through the legal process and seeks just compensation on your behalf. Don't be pushed to accept any arrangement with the employer. Avoid using the company personal injury law office representing you in the case.
Filing for Workers’ Compensation
Most workers may not be aware of their right to file for worker's compensation. Since they are classified as employees, they are eligible for compensation benefits. The eligibility gives them the right to file a claim and seek full benefits provided under the law.
Freedom from Discrimination
Injured workers may face discrimination from the employer. Under the law, you cannot be treated differently due to your injuries. There is no permitted discrimination if the injury resulted in a disability. It becomes paramount for the employer to provide reasonable accommodation for the disabled. Deliberate good faith efforts by the employer must exist to meet the worker's needs.
Right to Appeal or Claim in Court
At times, the employer may not compensate the injured employee justly. Such instances call for appealing the decision or taking the matter to court. No employee should be blocked from taking either route. Hiring a St Louis workers comp attorney from Powell Law Firm enhances your chances of getting a fair settlement.
Right to Good Faith Handling of the Claim(s)
The injured worker deserves fair treatment on the filed compensation or personal injury claims. They must involve the relevant evidence in determining the case. The insurance company needs to handle the claim in good faith. There cannot be a misrepresentation of the employee's legal rights nor deploy unnecessary delay tactics. Making insufficient settlement offers is not ideal with the hope of getting employee acceptance of the same. The Powell Law attorneys are highly skilled in averting the delay tactics of insurance firms.
Independent Loss Calculation
It doesn't matter the claim one is pushing through. The most important thing is that the worker gets the right to calculate their losses. In other terms, there is no provision in the law requiring one to accept what the insurance is offering. Don't accept an unfair offer from the insurance company. In any case, you can engage attorneys from Powell Law Firm to handle the matter on your behalf.
Yes, there are employees' rights at work protecting them from injuries. When pushing for compensation, be careful to avoid conflicting with the employer. You may still need the job when all is said and done. The goal is to get fair compensation for the pain, suffering, and financial loss caused by the injury. Don't operate without knowing your rights of various nature and how to go about them. Powell Law Firm can protect your rights and make sure you get what you deserve.