An injury makes everyone anxious, but not knowing what you’re going to do about work adds to that anxiety. If you were injured at work, don’t fret. You have the right to treatment and compensation for time off.
Your employer can’t fire you for using your rights and filing a claim. Learn more about the worker’s compensation process in the guide below.
What Constitutes Getting Injured at Work?
If you’re hurt on the job, you’re entitled to compensation for your time off and medical treatment. But what qualifies as injured?
You’re not going to get a day off for a paper cut or something small that’s annoying but doesn’t stop you from doing your job. To file for workers compensation, there needs to be an injury that affects your performance.
For example, if you are a waitress and experience a slip and fall because there was a spill no one cleaned up, you’re entitled to care. You can get chiropractic treatments covered and paid time off to rest.
If you worked in the kitchen of a restaurant and cut yourself badly, workers compensation rights apply to that as well.
What to Do after Injury
If you’re injured on the job, tell your employer immediately. Do what you need to do to make sure you’re in stable condition, then let them know what happened. They may want to write down the circumstances. That’s normal.
You can also record an official testimony so your story never gets twisted.
Once you tell your employer, they’ll show you how to file a workers compensation claim.
This claim goes with your company’s insurance and covers the costs of medical care you have.
Your Rights
Workers compensation is a law. Almost every business in every state needs some sort of workers compensation insurance.
Your state law can differ slightly from the rights below, but the general ideas should stay the same.
- You have the right to file a claim.
- You have the right to seek treatment from a qualified care facility.
- When you’re better, you have the right to go back to work.
- You have the right to file or receive disability payments.
- Disability payments can be permanent or temporary.
- You have the right to appeal decisions about your care and compensation.
- You have the right to a lawyer during this process.
A big aspect of the worker’s compensations claims laws is that you can’t be fired for filing a claim. If you’re hurt at work, you have the right to return to your job when you’re better.
Your employer is not allowed to give you consequences or fire you based on your injury and time off.
If your employer tries to persuade you not to file a claim, you have the right to say no and report them to the workers claim insurance company.
Also worthy of note is that you cannot ask for pain and suffering compensation unless the injury was at the result of a third party.
Filing Your Claim
The faster you file a workers compensation claim, the better it is for everyone. You’ll get your compensation faster, and your employer can find temporary help to fill your shoes.
Never feel guilty about using your rights if you’re injured at work. Accidents happen!
If you’re nervous about the process or feel you’ve been treated unfairly, talk to our team. We’ll be happy to represent you and get you what you deserve.