All employees have the right to a safe workplace . For this reason, almost all workers are covered by workers’ compensation, or compensation. Workers’ compensation is employer-paid insurance that covers financial benefits and / or medical treatment for employees who are injured or become ill as a result of their work. When an employee is injured while working, he or she has the right to claim the benefits that his or her employer owes them by law. Consequently, you must receive workers’ compensation from this insurance.
The workers’ compensation laws of this country protect the employee and the employer. If an employee receives workers’ compensation, they cannot sue the employer. On the other hand, an employee does not have to prove that the negligence of his boss caused the injury in order to receive compensation.
Sometimes an employee can receive compensation even if his injury was caused by his own negligence. The only circumstances that disqualify an employee are if they were intoxicated at the time of the accident or if the injury was the result of their willful misconduct.
The coverage available to employees varies by state and occupation. Despite this, there are some things one should do immediately after being injured on the job to protect their right to compensation.
Steps to Receive Workers’ Compensation
1. Get medical treatment
If it is an emergency, call 911 or go to the emergency room all at once. Tell medical personnel you were injured on the job. If possible, contact your employer for instructions. If your injury does not need urgent treatment, you should ask your employer which doctor to go to to be covered by your insurance. If you go to the doctor your employer prescribed and you are not satisfied, you should consider going to another doctor of your choice. Even if workers’ compensation doesn’t pay for a second medical visit, it may be worth it for you. This way you can get a second opinion.
Either way, you should visit a specialist to receive workers’ compensation after an eventuality at work. Have your information in case you have a problem with compensation or they don’t give you enough to compensate for the consequences of the injury. If you have health insurance, a second visit may be covered.
2. Complete an accident report
If you were injured in a work accident, tell your supervisor or your employer at once. In most of the country, you only have 30 days to file a claim. It is always better to do it as soon as possible. This with the aim that your benefits are not delayed and not lose the possibility of receiving workers’ compensation. Even if you are not injured, if you report an incident, your employer can take steps to prevent accidents in the future. If possible, you should take notes about the event to remind yourself of all the details later. Point out any hazards or unsafe conditions, defective product, or careless action by colleagues. Take into account if a colleague was present. Their testimonies may be needed later to prove liability. Report all this information to your company and your union.
3. Report the injury or illness
If your injury or illness developed gradually, report the condition as soon as you realize it is related to your employment. You have to fill out a workers’ compensation claim form immediately. Your employer is not required to give you benefits until you do. You should keep a copy of the form. When your employer receives the form he or she is responsible for notifying your insurance company. They must take care of your medical treatment. Follow up to make sure your boss completes the claim so you can receive workers’ compensation.
4. Talk to a lawyer
An employee claim is only paid when the employer or its insurance company agrees that the injury or illness is the result of work. If they dispute the claim, you do not receive benefits until a judge makes a decision. If you have any doubts, difficulties, or questions about your case, consult an attorney immediately. In this way you can make sure that you and your family do not have to work after a work accident. Receiving workers’ compensation goes beyond your health. Remember that your family can always be affected.
Other things to consider to receive workers’ compensation
- You don’t have to be a legal resident of the country to receive most workers’ compensation benefits
- Your employer has to pay for your medical treatment
- If your injury on the job was the fault of the negligence of a third party, such as a defective product or a truck driver, you may be able to file a “third party” lawsuit against the manufacturer of the product or the repair company. transport. This is a separate process from receiving workers’ compensation. Which means that through one of these lawsuits you could receive compensation for “non-economic” damages. Such as pain and suffering, which cannot be done through a workers’ compensation claim.