Workers’ compensation can be a financial lifeline if you get hurt on the job. It provides benefits for workers who suffer injury or illness as a direct result of their jobs. The compensation may include partial wage replacement and reimbursement for healthcare services and occupational therapy.
Employees are generally entitled to workers’ compensation no matter who’s at fault. If you work a physically demanding or high-risk job, it’s important to understand your legal options, including your right to file a workers’ compensation claim.
So, here are answers to some frequently asked questions about workers’ compensation.
1. What should I do if I’m injured on the job?
If you’re injured at work, you may be entitled to workers’ compensation benefits. As such, you should consult a doctor or visit an emergency room as soon as possible following an accident. Report the injury to your employer as quickly as feasible and follow up to ensure a workers’ compensation claim has been filed on your behalf.
Here’s a tip: Report every work-related injury immediately to a supervisor as soon as it happens and in writing. In fact, you should report any accident you’re involved in whether or not you believe you’re injured. Doing so protects your claim, as some symptoms can appear weeks or months after the accident. It can also help your employer implement additional safety measures to prevent future accidents and injuries.
2. Am I entitled to worker’s compensation in my state?
Employers in every state are required to provide their workers with a safe and healthy work environment. That said, it’s virtually impossible to eliminate every workplace hazard, and employees can still be injured on the job.
Each state has different rules, guidelines, and deadlines when it comes to workers’ compensation. Texas is the only state that does not require employers to acquire workers’ compensation insurance. However, some states allow certain small businesses to forego workers’ compensation insurance. If you’re not sure whether your employer carries workers’ comp insurance, contact an attorney as soon as possible to discuss your rights.
3. What are my rights after an injury?
Workers’ compensation provides benefits to workers who are injured on the job.
By accepting your workers’ compensation benefits, you waive your right to sue your employer for damages. This is why it’s important to consult with a workers’ compensation attorney during the claims process to ensure you choose the best path forward.
4. If I’m hurt and can’t do my job, can I be fired?
Under some state laws and the federal Family and Medical Leave Act, employers of a certain size must provide leave for employees who miss work due to a serious injury or illness. Moreover, your job cannot fire you solely because you sustained an injury on the job or filed a claim. However, there’s no legal premise that requires your employer to hold your job indefinitely if you file a workers’ compensation claim. Your company’s right to terminate your employment depends heavily on the laws in your state and your individual situation. If you believe you were fired unfairly or that your termination constitutes discrimination, reach out to an attorney as soon as possible.
Consult a Workers’ Compensation Attorney
The timeframe of workers’ compensation cases varies from case to case, and legal requirements vary across state lines. It’s a good idea to consult with an attorney during the process to determine what benefits you may be entitled to receive. Dealing with a workplace injury is a stressful experience, and it’s advisable to seek the guidance and support of a qualified legal professional.