When you’ve been injured at work, you’re entitled to some of the common reliefs provided by law. Remember the law’s fundamental requirement that employers need to provide their employees with a safe and healthy work environment. Especially in work situations whereby there’s natural exposure to hazards, all the more that safe work conditions must always be complied with.
Whatever the circumstance, however, there are times when a work accident just can’t be avoided. The good news is that when you get injured while you’re at your workplace, you’re entitled to compensation by your employer. This forms a significant part of your worker’s rights.
That said, for you to be able to file your claim rightfully, you must know whom to approach and call after meeting your work accident, and learn more about personal injury law. This article gives you a breakdown
Reporting your injury to your employer is one of the best and proven ways to have an adequate claim on your settlement. This comes as one of the first requirements set by most states before you can even have a proper claim.
Usually, this notice has to be completed within a few days from the injury. Else, you may be barred from this claim. Remember that most laws particularly have a prescriptive period, which refers to that timeframe in which you’re required to report your injury to your employer.
When you’ve been injured in the workplace, you shouldn’t shy away or fear to report this to your employer. In fact, the law states that every employee always has the right to pursue rightful claims without any fear of harassment from the employer. If this is a situation that you’ll be faced with, your employer also runs the risk of severe penalties.
Your human resource manager plays a pivotal role in the processing of your claims. Generally, this is the professional that serves as the link between you and your employer.
The following factors will guide your human resource manager to determine how much you ought to receive in terms of compensation:
Seeking the help of a medical professional is a non-negotiable thing in workers’ compensation cases. Before you even go deeper into your case’s legalities, it’s recommended to call a doctor to attend to your medical needs. This is almost the starting point of any workers’ compensation case.
First off, you’re going to need to ensure that your injuries will be immediately well-taken cared of. Else, it might only get worse due to your negligence in seeking medical attention. If you’re worried about the bill, you shouldn’t be. This is an expense that’s also covered in the claim that you’re going to file for.
Second, it’s from your doctor’s records that you can also have a basis for filing your claim. This would form part and parcel of your evidence submitted in court. In doing so, there’s a clear-cut and more accurate determination of the amount due to the physical injuries caused to you while you were in the workplace. You won’t have a hard time proving and alleging these claims as these are already taken care of by your doctor.
As you’ve been unlawfully injured while in the workplace, you have the right to be represented by a lawyer in court. This is especially important since your workers’ compensation cases can sometimes get tricky. For instance, depending on your employer’s willingness to comply, you may have to extend your patience even more as your case might drag on in court. In this case, you need a lawyer by your side. Else, you may only end up confused in the entire legal process.
In the same vein as that of your doctor, you also don’t have to worry about the cost of hiring a lawyer. Most lawyers in this instance charge on a contingency fee basis, which means that you’ll only be charged a percentage of whatever sum you recover in the form of damages.
Even more importantly, especially when your injuries are severe, all the more that the necessity of having a lawyer helping you out is needed. Because of your injury, you may have to stay in the hospital for quite a while, or worse, that you may not even be as mobile anymore. If you let time fly by, you may risk losing your claim on time, as the prescriptive period will already apply. In this instance, you know for sure that a lawyer is needed.
When you have a lawyer standing by your side, you’ve got a higher guarantee that your rights aren’t going to be hampered with.
Generally speaking, your legal rights include, but aren’t limited, to the following:
Coming along with these rights is your right to say no. If there’s anything in particular that you disagree with, you don’t have to feel compelled to give your big yes to it immediately. Whenever you’re unsure, your lawyer will also gladly help you out.
When you’ve been injured in your workplace, it’s natural for you to be most concerned about the amount that you’re going to receive through your workers’ compensation case. The good news is that today, the outcomes of these cases are more favorable than before. You can, and you will be able to get that claim, which is rightfully yours.
But, do note that this isn’t absolute and automatic. Like any other claim, you’ll also have to do your part to ensure that you also contact the right people for your claim to be processed.
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