Accidents can happen anywhere. Unfortunately, the workplace is no exception and sadly the incidents are quite common. To put this into perspective, the Private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2021, according to the U.S. Bureau of Labor Statistics.
Well, if you’ve been injured while on the job, you should understand your rights, responsibilities, and potential legal options available to you. In fact, your well-being and financial security in the aftermath will likely depend on how you navigate the aftermath of a workplace injury.
Let’s explore more on everything you should know about workplace safety and protecting rights in the event of injury at work.
As an employee, you have an inherent right to a safe and secure workplace. In the United States, this is primarily anchored on the Occupational Safety and Health Act of 1970 (OSH Act). The law is responsible for setting and enforcing workplace safety and health standards.
Put simply, employers are legally obligated to adhere to safety regulations, offer guidance on workplace safety, and set standards designed to protect the well-being of their employees.
So, if you are injured at work and you can demonstrate that your injury resulted from a breach of safety regulations, you may have a valid basis to seek compensation or pursue legal action against your employer.
In many countries, workers are entitled to compensation for injuries sustained on the job. In the US, there is what is known as the Workers’ Compensation , often referred to as “workers’ comp law,” which is essentially a legal framework that governs the rights and responsibilities of employees and employers in cases of work-related injuries or illnesses.
In other words, workers’ compensation serves as a critical safety net for individuals who suffer injuries while on the job. This system is designed to provide financial support and medical coverage to employees who are injured during the course of their work.
In case of an injury the workers’ compensation typically covers your medical expenses, including doctor’s visits, surgeries, and rehabilitation. Additionally, it can provide a portion of your lost wages, offering a vital financial lifeline during your recovery period.
That said, navigating the workers’ compensation process can be a hassle. It’s advisable to consult with an attorney to follow the designated process in your jurisdiction and ensure you receive the full benefits you are entitled to under the law.
It’s illegal for your employer to retaliate against you for filing a workers’ compensation claim or reporting unsafe working conditions. Your job should be protected during your recovery.
Remember, preventing workplace accidents is a shared responsibility that involves both you and your employer. As an employee, you are expected to be vigilant and adhere to safety protocols. For example, you should learn how to prevent accidents in the workplace including the safety procedures, rules, and guidelines specific to your job. Depending on the nature of your job, you might need to wear the appropriate Personal Protective Equipment (PPE) such as safety glasses, hard hats, gloves, ear protection, or respiratory protection.
In the event of an injury, it is also your responsibility to take immediate and appropriate actions to ensure your safety, receive necessary medical attention, and report the incident
Here’s what you need to do if you have sustained an injury at work:
Notify your supervisor or employer as soon as possible after the injury occurs. Reporting promptly ensures that you meet legal requirements and allows for a swift investigation.
You should also seek prompt medical care to ensure that any injuries are accurately diagnosed and treated, preventing potential complications or long-term harm. Additionally, obtaining a medical record of the injury soon after the incident provides crucial documentation that can be instrumental in any subsequent claims or investigations.
This involves providing accurate and complete information about the incident, participating in interviews, and helping identify any potential witnesses. Prompt and accurate cooperation can expedite settlements, making it essential when aiming for a smooth resolution to your claims.
When injured at work, you need to be aware of the legal options available to protect your rights and interests. Let’s explore the potential legal avenues you can pursue for compensation and justice:
If your injury is work-related, you are generally eligible for workers’ compensation benefits. These benefits can cover your medical bills and a portion of your lost wages. Consult with your HR department or an attorney to ensure you receive the compensation you deserve.
In cases where the injury results from the negligence of a third party not directly associated with your employer, such as a subcontractor or product manufacturer, you have the potential to file a lawsuit against that third party.
If you can demonstrate that your employer’s actions or omissions were negligent or intentionally harmful, you might be able to bypass the workers’ compensation exclusivity and sue for damages directly. This lawsuit can allow you to seek a broader range of compensation, such as pain and suffering, full lost wages, and punitive damages.
In severe cases where the injury leads to long-term disability, you may be eligible for disability benefits through government programs or private insurance. While workers’ compensation might cover immediate medical bills and some wage replacement, it may not adequately address long-lasting disabilities.
If you’re unable to return to work for an extended period or are permanently disabled, you can tap into long-term disability insurance, if available, to receive a portion of your salary. This option ensures that you have a sustained source of income when recovering from serious injuries.
If you’ve been injured at work, it’s essential to understand your rights and responsibilities. Seeking legal advice and understanding your potential legal options can make a significant difference in your recovery and financial stability. Remember, you have the right to a safe work environment, and if you’ve been injured due to negligence, you have the right to seek compensation and legal recourse for the pain and suffering you are going through as well as the damages incurred.