Back in the old days, workers didn’t have a lot of rights when it came to injuries; it was considered a risk that everyone had to accept to earn a living. Fortunately, nowadays, there are many laws and regulations that protect the rights of employees. However, there are some cases where employees couldn’t redeem their full compensation or benefits because they failed to take the right steps after the injury. To help you explore your options after having suffered a workplace injury, we’ve compiled a brief guide that should help you out.
Determining Your Eligibility for Worker’s Compensation
Even though worker’s compensation is a federal law, states can have different requirements that can be distinctively unique.
For instance, if you are working somewhere in Florida or Alabama, or Atlanta, every place has its own set of rules and regulations when it comes to workplace injury compensation. However, people living in Atlanta may click URL here to check what requirements they have to fulfill in order to claim compensation for their loss at the workplace.
The main requirements are similar, including:
- Having an employer with an active workers’ compensation
- You have to be an employee, whether you’re a part-time, full-time, seasonal, or temporary worker. Independent contractors and workers without legal documentation are excluded.
- The injury has to be while performing something related to your job’s duties, but that can be quite relative in some instances.
Claims Against Parties Other Than the Employer
Sometimes an injury that has happened on the job can be made worse due to medical malpractice. This can make it a bit confusing for employees because it can turn into a civil lawsuit. Medical malpractice can result in even more severe injuries than the ones the patient was admitted with. The injuries malpractice can quickly escalate into grave conditions like brain damage, especially when there is a failure to diagnose strokes, internal bleeding, and similar injuries. You will want to make sure that you have a medical malpractice attorney supporting you through the legal steps of the case.
Securing Your Claim by Reporting the Injury
Unless the injury has rendered you unconscious or in a lot of pain requiring immediate medical attention, you need to report the injury to your immediate supervisor as soon as possible. Some states may require the report to be done in writing to avoid any mishaps. While others allow a verbal notice, it’s better to play it safe by handing one in writing as well. The statute of limitations, which is the time allowed for filing a report or case, is usually short in the majority of states, so it’s better to be as quick as possible when filing the report to avoid losing the right to a claim.
Keeping Track of Interactions
Many employees cannot fully claim their rights because they didn’t keep track or note the interactions they’ve had with their employer or insurance company. While it is a common mistake, it can be a serious one when there is a dispute with the insurance company. You’ll want to make sure that you have a detailed record of dates, times, and the content of conversations you’ve had with your company or agents of the insurance company.
If you’re consulting a lawyer, they’d want to have as much background about the incident to ensure that they can fight properly for your rights if they have to. Using this information can help leverage you out of a situation when the worker compensation claim is denied or delayed.
Unfortunately, no matter how hard we try, it’s impossible to create a 100% safe workspace. What we can do, however, is make sure that we’ve minimized the risks that can have employees or customers injured in the workplace. Knowing how to claim your rights when you are injured in the workplace is essential to secure them if push comes to shove.
