Accidents can happen anytime, anywhere. A workplace should be a safe environment, but even then an injury can occur. Employers across the United States are responsible for providing an injured employee with benefits in case of a work-related injury. If you were injured on the job, you are entitled to certain rights including workers’ compensation. Contact a Rockland County workers’ compensation lawyer to find out more about your rights and how to best protect them.
What is Workers’ Compensation?
There is no way to prevent 100% of accidents from happening in a workplace, especially one centered around manual labor. Workers’ compensation is insurance for employees. It provides monetary and medical benefits to employees who are injured. This can include wage replacement for money lost because of your absence from work, covering your medical expenses, and providing financial care or benefits for your dependents if the accident results in the employee’s death. It is important to note that receiving workers’ compensation typically means that you forfeit your right to sue the company. You will not immediately be awarded workers’ compensation after an accident, you will have to file a claim.
What Are An Injured Employee’s Rights?
After getting injured on the job, the first thing you need to do is report it to your employer as soon as possible. The sooner you report your injury and seek medical treatment to have the situation evaluated, the better you can ensure fair compensation. As an injured employee, you have certain rights that must be abided by. Those rights include:
- Filing a claim for your injury
- Seeking medical treatment
- Having a workers’ compensation hearing
- Appealing a denied workers’ compensation claim
- Receiving the full extent of benefits that you are entitled to
- Returning to your job if able
- Receiving disability compensation if you cannot return to work
You are also protected from harassment due to your injury. An employer cannot ask that you use your own health insurance instead of filing a workers’ compensation claim. They cannot discriminate against you if you filed or are planning to file a claim. This includes terminating your employment. They cannot dictate which doctor you go to or speak with your doctor about your injury without you knowing. They are also not allowed to attempt to stop you from filing a claim.
What Are My Employer’s Responsibilities if I Was Injured on the Job?
Your employer has certain responsibilities after an employee sustains an injury on their property or due to their work. Your employer must provide the option of workers’ compensation coverage as well as posting an easily accessible sign in the workplace with the details of the workers’ compensation coverage including the insurance company information and policy number.
The employer also has to make a record of your injury and report it to the Board and insurance carrier. If there is any change in your employment status or your pay they will have to report it.
