If you are reading this article, there's a high chance that you got hurt on the job and have been wondering if you can sue your employer as a result of such. The law dictates that employers within every state is quired to provde their employees with a work enviroment that is reasonably safe. In some circumatncess an employer failss to fullfil this obligation and it subsuenqley lead to a work related injury. WHile in some cirumctances even though every effort was made to make the work environment a safe and healthy one, an employee sustain an njury nonethells. Regardless of the cirumctances of how an idnvual ssustained an injury during their work hours, the law has estbalished as system that can assit employees with work-related injuries. …show more content…
While the worker's compensation laws may vary from state to state, there are a number of legal rights that are common acroos most if not all states. Some of those include: the right to see a doctor and to pursure medial tretament
The right to file a claim for you injury in the state industrial court or in workers ocmpensation court.
The right to receive some type of disabilti y compensation if you are unable to return to work as a reuslt of your injury.
The right to appeal the decsion of the workers compensation court, your emplyer or the employer's insurance compnay.
The right to be legally represented by a lawyer throughte the entire process.
The right to refuse certain kind of request or finacnial offers. for example, if your employer tries to encourage you to utulzie your own health insurance policy to cover your medical expenses, you have the riht to say no.
Protect Your Rights
One of the things you need to do after you sustianed an injury is to protect your legal rights by reporting said injury to your eemployer. Once this has been done, the next thing you should do is to protect your rights by filing a claim with the workers' compensation. By doing these two thngs you will eesentially be stbalishing a record that validates your claim of being injured at the job
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Most employers are required by varous laws to invest in what's known as "Workers compensation insurance." This insurnace essntially pays a portion of an injured employees, average wages, while that iindivaul is in the midst of recoverng from a work-related injury.
When WOrkers Compensation Is Not Applicable
In some scenarios you may not be categroized as being an employee but rather a private contractor. Workerss compensation covers employees of a busness, but it does not cover private contractors. However, the employer is still responsible for the job-related injury of a private contacotr. However, it is worth noting that the laws surroduning reciieinvg fincial compensation for a work related injury as a privat econtracotr, varies from state to state.
Complexity Surrouding Work Related IInjury