Accident is inevitable in any field or profession. It is the employer’s legal duty to protect its employees and educate them with the various health and safety issues that can affect their employment. It is also their legal responsibility to report any accidents that happen in the workplace and compensate their employees with a sick pay and a time off from work if needed. This article will highlight some of the things that both employers and employees need to know about employment law injury at work.
Protect Your Rights as an Employee
The easiest and most important way to protect your legal rights in case of an accident is to dutifully report any acquired injury in the workplace to your supervisor or employer. There are states in which the employee needs to report the injury within a certain timeframe to be considered valid. Generally, the time limit is within the day of the accident or after a few days that the accident occurred. Depending on the severity of the employee’s injury, this may not always be applicable, but it is recommended that the injury be reported as soon as possible.
The next step you can do is to file an injury claim with the industrial court or worker’s compensation court. Doing so can help having the court, your employer and its insurance company on formal notice regarding the injury you acquired at the workplace. As soon as your injury claim has been filed, certain protections will immediately be in effect to protect your legal rights. This is one aspect of employment law injury at work that you need to keep in mind.
The Rights of an Employee in a Workplace Accident
Each state has different worker’s compensation laws. The same can be said with the legal procedures that ensure the rights of the employee. Generally, there are numerous legal rights that are common in most states such as the following:
• The employee has the right to file a claim for any illness or injury in the state industrial court or workers compensation court
• The employee has the right to see a doctor for medical guidance
• The employee has the right to acquire a disability compensation in the event he or she is unable to return to work because of an illness or injury, whether temporarily or permanently
• In the event the employee disagrees with the decision by the workers compensation court, the employer and its insurance company, the employee has the right to appeal the decision
• The employee has the right to be represented in court by an attorney
Just as you need to better understand your right to act as an employee, it is also essential that you understand your right to say nor or decline any requests. This is one of the essential aspects of employment law injury at work. For example, your employer encourages you to utilize your own health insurance to pay all the medical bills in case of an injury at work, you have the right to decline. Also, if your employer offers a sum of money in exchange of not filing a compensation claim, you have the right to refuse as this kind of bribery is considered illegal in all states.