Rights of a Worker In A Workplace Accident

Rights of a Worker In A Workplace Accident

When employees report for work, they assume that they are safe from any harm or injury. In general, employers have the responsibility to ensure the safety of their promises and working conditions for their workers. When companies fail on this responsibility, employees have valid grounds for suing their employers. According to the website of Williams Kherkher, injuries can have a huge impact on their workers not only physically but financially as well.

When you get injured in your workplace, you have legal rights that you can exercise to make your employer liable for the injuries you incur. While they may vary from one state to another, there are a number of rights that is common in majority of states.

  • You have the right to claim workers compensation for injuries or illnesses in a court
  • It is your right to consult a doctor and seek medical treatment
  • If cleared to return to work, you have the right to return to your job
  • If temporary or permanent disability keeps you from returning to work, you have the right to be paid disability benefits
  • If you do not agree with any decision by your employer, its insurance company, or the court, you have the right to appeal the decision
  • You have the right to an attorney who will represent you in court

Your employer is required by law to report any accidents or injuries, no matter how minor it is. They should record such in an accident book. The Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations (RIDDOR) requires your employer to report workplace accidents. On your part, you need to ensure that such is reported correctly.

Aside from reporting injuries, your employer also has the responsibility to conduct a risk assessment and ensure the health and safety of their employees. As an employee, you will be entitled to receive compensation which includes:

Sick Pay

Your injury or illness would cause you to be absent from work so you have the right to be paid Sick Pay. Aside from that, your employer may have a payment scheme for additional benefits due to accidents or may pay extra depending on the accident.

Compensation

If you think that your employer can be held liable for your injury or illness, you can file a personal injury claim. You need to file it within three years after the date of the accident or you will not be able to recover anything beyond that.

Knowing your rights during a workplace accident can help you recover potential lost income due to your accident or injury.

 

Some Personal Injury Myths, Debunked

There is hardly any such thing as a person who isn’t well-informed about his or her own rights these days. This is mainly attributed to the distribution of information through new media, specifically through the sharing of bits and pieces of information through social networking platforms. However, the regular Joe is just as capable of putting out phony stories about serious issues as much as legal experts are – and it’s about checking where the facts came from that can then make certain claims credible.

One such topic of conversation that is often diluted with myths and easily disproven theoretical assumptions is that of personal injury, the legal term used for any emotional, physical, or mental injury inflicted onto an innocent party as the result of another person’s negligence. There are some people who are on opposite extreme sides of the spectrum and these are the myths that this article is going to tackle.

 

  • Filing for Personal Injury is like finding gold at the end of the rainbow

This claim is incorrect on a case to case basis. According to the website of Milwaukee personal injury attorneys at Habush Habush & Rottier S.C. ®, compensation is given to the client in order for the client to not only be given recompense for the medical expenses necessary for the procedures but as well as loss of wages. Say that you accidentally got hit in the face with a door and you filed for personal injury. The case is, technically, allowable but without the advice of a lawyer – that lawsuit could be more costly than it is actually worth.

 

  • Personal Injury is too complicated and too costly

Now this is the opposite side of the spectrum as some victims don’t even know that they are warranted proper compensation for the damage done to them. In terms of complications, legal procedures and terminologies can be smoothed over with the help of an able personal injury attorney. That’s what hiring experienced help is for – their knowledge on the subject matter gives them the advantage and allows you the peace of mind that your case is in capable hands.