Employee Rights After A Work Injury

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Employee Rights After A Work Injury2021-07-29T09:32:23+00:00

Employee Rights After A Work Injury

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Employee Rights After A Work Injury

No matter what type of job you have, it is expected that your employer will make every attempt to have your work environment be as safe as possible. While most bosses may take this seriously, others do not. When this happens, employees are seriously injured. Whether this involved slipping and falling in a store aisle, falling off a ladder in a warehouse, or any number of other situations, you should always remember you are protected by various workplace rights. Yet even though the law may be on your side, your employer and their insurance company will not be eager to help you through this difficult situation. If you have been injured on the job and are considering filing a workers’ compensation claim or even a personal injury lawsuit, learn about your rights by first speaking with a Los Angeles personal injury attorney.

Workplace Injuries

No matter what type of accident you have on the job, serious injuries almost always result in extensive medical treatment. For example, many workers suffer broken bones in workplace accidents, while others may find themselves dealing with concussions or more serious brain injuries. In other situations, an employee may have various types of neck and back injuries, severe lacerations, burns, or other types of serious injuries. Yet no matter the extent of your injuries, don’t expect your employer to be helpful in regards to your workers’ compensation claim. To get the help you need for a successful claim, hire an employment accident attorney in Los Angeles from Grey Law.

Reporting Your Injuries

If you want to have any chance of ensuring your workers’ compensation claim is successful, it starts by making sure you report your accident and injuries to your immediate supervisor as quickly as possible. While it is best to do so immediately after your accident occurs, you may have as much as one week in some situations. However, the longer you wait to report your injuries, the easier it becomes for your employer and their insurance company to claim your injuries did not occur on the job. Rather than wait and risk losing out on substantial compensation, report your injuries immediately and then schedule a consultation with an experienced workplace accident lawyer.

Your Rights as an Employee

Your boss may attempt to convince you your rights in these situations are very limited or even nonexistent, do not believe them. In fact, state and federal law protects workers very well in these situations. For example, you have the right to file a claim for your injury that occurred while you were on the job. Along with this, you are allowed to visit a doctor and seek medical treatment, return to your job once medically-cleared to do so, and receive disability compensation should you be unable to return to your job. Finally, should you disagree with any decisions made regarding your workers’ compensation claim, you have the right to appeal and be represented by an attorney in Los Angeles who fights hard to protect their rights in these situations.

Employer Intimidation

Though it is against the law for employers to make any attempts at intimidating employees regarding workers’ compensation claims, this does not stop many of them from doing it. For example, an employer may attempt to convince you that you can only see a doctor they approved. Or that you are required to use your own health insurance coverage to pay your medical expenses. He or she may attempt to coerce you into accepting various incentives in exchange for not filing a workers’ compensation claim, which is essentially an attempt at bribery. In these and other similar situations, you are allowed to refuse these requests. Should you find yourself being threatened or intimidated by your employer, hold them accountable by hiring a lawyer to act on your behalf and protect your rights.

Third-Party Claims

In some situations where employees are injured on the job, the injury may have been caused by negligence and carelessness from a third-party, such as a product manufacturer or a delivery driver. When you are injured in these accidents, you may have the right to file a third-party claim to recoup some of your damages. Rather than being a workers’ compensation claim against the third-party, you would instead file a personal injury lawsuit against the party. But like most other situations involving workplace injuries, a third-party who was negligent will nevertheless deny any wrongdoing. To get the compensation you deserve for a workplace injury caused by another’s negligence, let an attorney get you the compensation you require.

Recovering Damages

When seeking compensation for your workplace injury, always remember that a workers’ compensation claim will only focus on helping you gain compensation to pay your medical expenses and replace your lost income. However, when you also file a personal injury lawsuit, you can sue for what are known as “non-economic damages” such as pain and suffering. Encompassing both the physical pain you suffer due to your injuries as well as the emotional toll the situation has taken on you as you struggle to recover, you can often gain large amounts of additional compensation by suing for pain and suffering. Since it will be to your benefit to learn more about this legal option, consult at once with a workplace accident lawyer who can explain this in greater detail.

Get What You Deserve

Whether or not your employer provided you with a safe work environment, you are still entitled to get the compensation you need and deserve if you are injured while at work. Depending on the seriousness of your injuries, you may be out of work for several months or perhaps never be able to return to your job. Whatever circumstances you are now facing, make sure you are properly compensated for your workplace accident. To start the legal process, contact an accident attorney to schedule your initial consultation.

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