What To Do If You Are Injured at Work

You must inform your supervisor immediately if you have been injured on the job. OSHA legally requires employers to provide a safe environment for their workers, so if you have been injured at work, you may have the right to file a claim.

Depending on your state, you may be entitled to workers’ compensation which is designed by law to protect your rights as an employee. It is not uncommon for injuries to occur at work, so your employer must make provisions to protect you from any damage or loss caused by the work environment or any error on their part.

Although each state has different laws for workers’ compensation, your employer is supposed to cover physical injuries, occupational injuries, psychological and emotional injuries, and any other injuries that may occur at work.

Workers’ compensation should also provide the medical treatment you need to make a full recovery and partially replace the lost wages during your recovery.

What Is Considered as Injury on the Job?

An injury on the job is any injury that results from normal duties that happen at the workplace. These include:

• Slips and falls
• Improper lifting technique that causes immediate injuries or repetitive stress injuries such as tendinitis
• Car accidents while driving for job purposes

Workplace injuries differ depending on the industry, for instance, an employee in an accounting firm is more likely to experience injuries from improper lift techniques than a construction worker.

However, both accounting employees and construction workers are likely to suffer stress-related injuries.

Your Rights If You are Injured at Work

Workers’ compensation differs depending on your state. However, you have:

• The right to file a claim in the state industrial court or the workers’ compensation court.
• The right to a workers’ compensation hearing
• The right to pursue medical treatment if you are injured at work
• The right to all your workers’ compensation benefits
• The right to return to your job if your physician declared you medically fit
• The right to disability compensation if you are unable to return to the job
• The right to appeal if your workers’ compensation claim is denied
• The right to get legal representation

How to Protect Your Rights If You Are Injured on the Job

As earlier discussed, the first thing to do when you are injured at work is to report to your employer. Typically, most states require you to report your injury within a certain period. Always report your injuries as soon as possible as most states have a set deadline for when you can report your injuries.

If you are late to report your injuries, your benefits may automatically be reduced or denied. Some states have 30-day deadlines while others have 90-day deadlines. There are also some states with no set deadlines, so be sure to look up your OSHA state laws.

Some injuries may develop gradually. In this case, the notification period will be a bit longer because you may not discover the injury until later. You may still be eligible for workers’ compensation benefits however; you still need to report your injury immediately after you discover it.

Even if you reported your injuries late, you may still be eligible for compensation if:

• Your employer was informed about the injury
• You were quarantined as a result of exposure to a contagious disease on the job
• You were incapacitated and could not give notice or get someone to give the notice on your behalf
• Your employer was unharmed as a result of your failure to make a report
• Your employer failed to post legally required notices with concern to Workers’ benefits

What are Your Rights Against Harassment and Coercion?

As an injured employee, you have the right to refuse some requests and the right to be free from intimidation in case you make a claim. Some employers may ask you to use your own insurance in case you get injured at work.

You have the right to turn down your employer’s request to use your own insurance as it amounts to harassment. In case of a work-related injury, you need to get appropriate medical treatment to ensure that you are appropriately compensated and maximize your workers’ compensation benefits.

Your employer is required to settle your medical bills until your claim is settled. If your claim is denied, you may need to pay out of pocket and ask your insurance company to reimburse you until you can appeal.

Check whether your state has temporary disability insurance programs for short-term benefits that might help you save money.

Worker’s Compensation Calculator

The National Council on Compensation Insurance assigns workers’ compensation classification codes depending on their type of job. States may also determine your employer’s unique MOD compared to other businesses in the same sector.

Generally, your employer’s payroll and class code determine workers’ compensation. The business payroll is multiplied by a certain rate that matches your class code. The class code usually has a $100 rate.

Summary

If you suspect that your injuries may have occurred as a result of neglect at the workplace, get in touch with an experienced workers’ compensation lawyer to find out how to file your claim. They can help you learn more about your rights and what to do next.