Workplace Injury Laws: Know Your Rights
There were 4.6 million preventable workplace injuries that required medical attention in 2019. These injuries weren’t limited to the construction industry. Professional services, retail, and financial industries have their share of injured workers, too.
Did you know that if you get injured at work, you do have certain rights? You may have the right to worker’s compensation insurance, which covers lost income and medical bills.
You have to understand workplace injury laws to make sure that your legal rights are protected. A lack of knowledge could cause your insurance claim to get denied.
It’s in your best interest to know what to do if you’re hurt at work. Read on to learn about workplace injury laws and how to get an injury settlement.
Basics of Workplace Injury Laws
Worker’s compensation laws fall under the laws of each state. There isn’t a federal law that governs this area of law.
There are 50 sets of laws, though there are similarities between them. For instance, you have to be an employee of the company. If you’re a contractor and you get injured at work, then you assume the liability.
You also have to have an injury that occurred performing your job duties. If you’re injured at home because you decided to clean the gutters and fell, worker’s compensation won’t cover that.
Most state laws say that employers must carry worker’s compensation insurance or face serious fines. If your employer doesn’t have workers comp insurance or you’re a contractor, you may be able to sue under premises liability.
You’ll want to work with a law firm like Barfoot and Schoettker Attorneys that can guide you through that process.
State laws widely vary on the reporting requirements and statute of limitations. The statute of limitations is the amount of time you have to file a claim from the date of the incident.
Most states have a two-year statute of limitations, but demand that you report the injury within a certain time frame. There are states that have you report the injury immediately. Other states give you up to a month or more.
How to File a Workers Compensation Claim
The actions you take immediately after the incident have an effect on your ability to receive a settlement. If there was an incident, like a fall, report it right away.
Symptoms may not appear for days. A documented incident establishes that your injuries occurred because of the fall.
You should see a doctor to look over your injury. If your employer makes you see their own doctor, you should contact an attorney. Most states give you the right to see your own doctor.
Protect Yourself When You’re Injured on the Job
You never want to suffer an injury at work. If you do, you’ll know enough about workplace injury laws to protect your rights. You should check the laws in your state to understand the specifics of worker’s compensation there.
Do you need more legal advice? Be sure to read the blog for more helpful articles.
