The law obligates employers to compensate their employees if they are subjected to a workplace injury. However, this is only the case if the workplace injury was caused by a defect at work and not the worker’s incompetence. In other words, the victim must be following the rules at the time of the accident to claim compensation from their employer. Some accidents force the victim to take sick leave from work, which makes them worry about losing their income. To help you understand your rights after a workplace injury, we will explain the steps you need to follow and your employer’s obligations towards you.
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The most crucial step to protect your rights after a workplace accident is to document it. Having all of the evidence that will incriminate your employer will put you in a position of strength. That way, your company’s defense will have no other way than to compensate you. The first thing you must do is report the incident to your floor manager in addition to creating a written report in the accident book.
If you cannot document everything yourself, you can ask a colleague to do it on your behalf. Consider requesting from them to take photos of your injury and the reason behind your accident. In this era, it is essential to have photographs or videos of the incident to be on the safe side of the law because it is hard to dismiss this kind of physical evidence.
Some employees refuse to file a claim against their employer because they are afraid of the consequences. If your trials to get compensated without the interference of a third party failed, consider getting proper legal representation. Keep in mind that the statute of limitations for workers’ compensation claims varies by state, so if you were injured in Augusta, for example, you need to hire a Georgia-based lawyer who is familiar with the state laws and regulations. A locally-based workers’ compensation attorney will help you win the case if you are injured at work because of your employers’ negligence or the hazardous work environment. The lawyer will also help you understand your rights and the best way to proceed.
Ask your fellow workers for their statements, but they will refuse out of fear of losing their jobs. A good attorney’s job is to gather the witnesses from the scene and interview them in a way that will make them talk. It will add value to the previously collected evidence. Furthermore, you will have someone with legal expertise to deal with the employer’s defense. The average layman may be easily overwhelmed by people in a position of power and get the table turned against them.
Most reputable companies offer sick pay to their injured employees. However, the majority may grant you some time off while cutting off your salary, which will indirectly force you to come back to work early. Since your injury is work-related, your vacation must be fully paid to compensate you for the emotional and physical pain.
In case you get fired for filing a claim or for taking some time off, you have the right to sue your employer. Some laws will force the company to pay more compensation because of the sudden termination. Not only that, but the employer may be subjected to a civil lawsuit. You have to keep your lawyer updated to help you file any necessary claims against the place responsible for your incapacitation.
If you are subjected to a severe accident that leads to a temporary or permanent disability, you will have to request a different amount of money. This is called an industrial injury claim, and you can file it when you are no longer able to work. The amount you will receive depends on the severity of your disability and is calculated by comparing your previous and current salary.
The recovery process includes the time off in addition to the period needed to ease your way into the work environment. It may be hard to resume your former duties as soon as you get back to work because you will have to heal physically and emotionally. Therefore, your employer must understand and assign you light duties to prepare you. If your boss cuts your salary because the tasks are different, you have the right to complain because the injury wasn’t your fault.
When it comes to receiving compensation for workplace injuries, it all boils down to whether or not you were responsible for the accident. The at-fault party must be held responsible for the damages, and they are obliged to keep paying you until you fully recover. You shouldn’t be bullied into dropping the claim out of fear of retaliation. Having an attorney by your side will provide you with the strength and confidence to pursue your claim and protect your rights.