If you are an employee and are harmed on the job, you have legal rights. You should be aware of four in particular including the right to receive workers’ compensation benefits, the right to go back to work, the right to be treated fairly by your employer if you file a workers’ compensation claim, and access to legal counsel.
Keep reading to learn more and then contact PLBH at (800) 435-7542 if you require a free legal consultation.
You are eligible for workers’ compensation
Workers’ compensation benefits are available to injured employees. All employers are obliged by law to carry workers’ compensation insurance. They make regular premium payments to their insurance provider. In exchange, the insurance provider pays for occupational accidents, as required by state law.
You cannot be prevented from submitting a workers’ compensation claim by your employer. Instead, employers must offer you the tools you need to make a workers’ compensation claim, accept any claim you submit, and submit valid claims to the employer’s insurance provider.
Your employer may experience consequences if it neglects to do any of these things or refuses to do them. They may even face criminal charges in some places.
You can try to deal with the insurance company directly if you are prevented from filing for workers’ compensation or if your employer refuses to accept it or forward it to the insurer. You might also wish to notify the workers’ compensation office in your state about the infraction. You are entitled to an explanation if your claim is rejected. The rejection can also be appealed.
You have the right to go back to work
You have a right to go back to work if an industrial injury causes you to miss work. It may qualify as wrongful termination if your employer refuses to reinstate you in your position. This may go against the prohibition on taking revenge on someone for requesting workers’ compensation. Your company should keep your former position open for your return.
Your company may offer you light duty if your injury prevents you from performing your previous job tasks. They might also play a comparable role at work. Your compensation might be affected in that way. Yet, you also have the right to postpone going back to work until your physician gives the all-clear. Until you are well and able to work again, your employer cannot demand that you return.
You have the right to be free from retaliation
Retaliation against you for making a workers’ compensation claim is also prohibited. Beyond simply having a right to your job, you are also protected by the law. Forms of workplace discrimination include making you use vacation time for medical appointments, demanding that you pay for your own healthcare, lowering your pay due to injuries, fostering a hostile work environment, refusing to add you to a rehire list for which you are qualified, and taking away work time to lower your seniority are all examples of unfair treatment.
Yet, the workers’ compensation claim must be the source of these discriminatory actions. These are not deemed discrimination or retaliation if there is another reason for them. Employers may face fines in various states, including California, if they discriminate against someone who seeks workers’ compensation payments.
You have a legal right to an attorney
You are entitled to legal representation throughout the workers’ compensation process. This might be your most crucial right. You can exercise your other employment rights, obtain the just pay, and safeguard your future career with the help of a workers’ compensation attorney. As soon as you suffer a workplace injury, it is usually a good idea to establish an attorney-client relationship with a knowledgeable workers’ compensation attorney.
Call PLBH at (800) 435-7542 for a free legal consultation.