Every employer must offer its employees a healthy and relatively safe working environment. Sometimes employers fail to meet this obligation, which leads to industrial accidents. However, in some cases, accidents can occur even after employers have done their best to ensure safety in the workplace, resulting in injury to workers. Slips and trips that lead to falls make up 20% to 40% of occupational accidents that result in a worker being disabled.
If you are an employee who has broken bones, occupational diseases or even mental injuries as a result of an accident at your workplace, you are entitled to compensation.
Know your rights
Compensation laws vary in each state. However, the following are common rights of workers in most countries:
- You have the right to seek medication from a licensed doctor.
- You have the right to go back to work if your doctor says you are able to work again.
- You have the right to seek compensation and file a claim in a state labor court or an employee compensation court for the injury you suffered in the workplace.
- If you are unable to return to work temporarily or permanently because of the injury or illness you suffered at work, you are entitled to disability compensation.
- If your employer, the employer’s insurance company or the compensation court has made a decision and you do not agree with it, you have the right to appeal against this decision.
- You have the right to reject offers from your employer that try to convince you not to file a claim for damages against you.
- You have the right to obtain assistance from a civil law attorney who will represent and assist you throughout the process of claiming compensation.
Any form of harassment that you receive from your employer after you have exercised your rights is punishable by law. You should be able to file claims for damages without fear of harassment from your employer.
How to apply for compensation
Step 1. Report the violation
The first thing you should do is report the injury to the employer. There are instances when employers and their insurance companies deny claims because the breach was not reported immediately. The report should include details such as: For example, when and where the accident occurred, who the witnesses were or who was nearby at the time of the accident, what you were doing at the time of the accident and what happened during the accident.
Step 2. Seek medical help
Be sure to inform the doctor that the injury is work-related. The doctor should record the information in your medical notes. The doctor should also provide you with a medical report or certificate stating the extent of the injury. You will need this document when you file a claim for damages.
Step 3. Ask your employer for the required documents
Your employer should provide you with reporting forms to fill out so that claims can be submitted to the insurance company. Depending on the laws governing your state, you may also be asked to fill out report forms that are submitted to the employee’s Compensation Committee. The employer will also inform you about your rights as an employee and inform you about your remuneration benefits. Your employer can also talk to you about your chances of going back to work.
Step 4. Let your employer make your claim
It is usually the responsibility of the employer to submit your records to the insurer or the state labor compensation authority. This step applies to all accidents at work, even if the employee does not apply for compensation.
Step 5. Wait for the approval from the insurer
The insurer will make the final decision on whether to approve or deny your claim. If approved, the insurance company will contact your employer and send the payment details. If the insurer considers that you are not entitled to compensation, they can deny your claim.
In the event of a refusal, you can ask the insurer to review their decision. If they insist, you can call an attorney and ask for legal representation.
If your claim is approved, you can either accept the offer or negotiate a larger structured settlement.
When you have recovered from the injury, you can write to the employer and the insurer to let you know that you are ready to return to work.
All steps in filing an employee compensation claim require the expertise of a licensed attorney. Know which lawyer is right for you so you can be sure of getting positive results when making your claims.
Comments are closed.