Sustained Injuries and Hurt On the Job? Workers’ Rights and Benefits
By Space Coast Daily // July 20, 2019
When you are on the job, accidents are almost always unavoidable. You never really know when danger can occur no matter how careful you may be.
Especially if you are working at a high-risk environment, risks could be lurking around the corner. But as an employee, always keep in mind that you have an umbrella of protection.
For any injuries that you may have sustained while on the job, you are entitled to workers’ rights and benefits. This is a mandate of the law. Learn more about it by reading below.
1. Workers’ Rights And Benefits Relate To Occupational Safety And Health Hazards Law
When a businessperson opens a shop, warehouse, or factory, there are safety and health regulations that they have to comply with. These regulations form the foundation of a safe and healthy work environment to minimize accidents from happening.
When you meet an accident on your job, one of the very first things that the proper sectors are going to look into is whether or not your workplace complies with safety measures. If not, your employer may be held negligent, on top of the workers’ rights and benefits that you are entitled to.
2. Workers’ Rights And Benefits Are Required By Law
Apart from the Occupational Safety and Health Hazards, workers’ rights and benefits are also mandated by law. While state laws may differ depending on individual requirements, the state law of Georgia, for instance, is pretty strict.
Even a business as small as having three employees is still required to have workers’ compensation. As this is compensation required by law, one of the essential tips you should remember is this: you do not have to file a case against your employer for you to claim your workers’ compensation.
For as long as you meet an accident on the workplace while doing a job for your employer, and during work hours, you are entitled to workers’ compensation and benefits.
3. Workers’ Compensation Is A No-Fault System, But There Are Procedures To Be Complied With
Generally, fault need not be proven for you to claim your workers’ compensation.
The only requirements you have to comply with is that you were gainfully employed at the time of the accident by your employer, and are doing a job for the benefit of your employer. But while you do not have to prove anything, there is a strict procedural system that you have to comply with as well.
Here’s an outline of the procedure for successful claims:
- If you suffered knee injuries, for instance, during your workplace accident, immediately report it to your employer or the supervisor as soon as possible and in writing.
- Seek medical treatment right away; your employers will still have to shoulder the expense of the medical treatment, even when there is no list of doctors posted yet.
- Receive the list of approved doctors from your employer.
- File a claim with the State Board of Workers’ Compensation.
- Ask for a copy of the report that your employer sent to the insurance company.
- Keep the insurer informed of your injuries and your claims.
4. Workers Compensation Claims Are Best With The Help Of A Lawyer
With this, you may begin to ask: What if you are physically unable to complete all these procedures yourself because the injury that you suffered is grave? This is where the benefits of an attorney come in.
While not necessary, there are numerous advantages that you can gain from having a lawyer by your side. Albeit an additional expense, once you start receiving your claims, you will begin to realize then that hiring a lawyer is one of the best decisions that you could ever make for yourself.
One of these advantages is that the lawyer can help ensure that you are following the correct procedures for your claims and that you are filing on time. As is the case with any claim, there are prescriptive periods that you have to comply with.
Any claim beyond the prescriptive period may result in your claim being barred. If you are unfamiliar with the procedural aspects of the law, it is to your advantage to have a lawyer by your side.
Knowing your rights as a worker can be very beneficial, particularly if the time comes that you are going to file for a claim. Accidents are uncommon in the workplace, especially for older employees who are still working.
Ignorance of your rights is the last thing that you would want to happen as you may mistakenly be paying for a medical treatment that is covered under your workers’ compensation scheme.
If you were injured on the job, you have fundamental rights, especially if the injury resulted from an activity that you did for the benefit of your employer.
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