As a working parent, it’s extremely important to stay healthy to provide for your family. When you’ve been injured on the job, however, your ability to do so can be hampered. Luckily, there are options that ensure that you get compensated for your pain, suffering, and even lost wages.
Employers in each and every state are legally required to provide to their employees a reasonably healthy and safe work environment. However, there are times where employers fail to fulfill their duty, and their employees are injured as a result. An employee can be hurt even when the employer has done all they’ve can. No matter the cause, each state has some type of system in place to help employees when they get hurt on the job.
If you’re a working mom or dad, here’s what you need to know about dealing with a workplace injury:
How Can You Protect Your Rights?
The easiest, most efficient way to protect your rights is to report them to your employer. The majority of states require employees to report their accident within a certain time frame. This period is typically the same day or within just a few of the incident.
After you’ve notified your employer, you need to file a claim with the industrial or workers’ compensation court in your state. This gives the court, your employer, and your employer’s insurance company a formal notice of your injury.
Once you’ve filed, certain automatic protections are granted. It’s during this time you’ll also want to look for some dedicated workers’ compensation legal representation, doing so can improve the chance of a successful outcome with your case and prevents you from saying anything which might harm your case if you try to represent yourself.
What Are Your Rights?
While all states offer workers’ compensation, the details of the law vary from state to state. The rights afforded to a person injured on the job range, as do the procedures you’ll have to go through to ensure those rights.
However, there are a number of legal rights that are granted commonly across most states, such as:
- the right to file for your illness or injury in the state industrial court or workers’ compensation court
- the right to pursue medical assistance and treatment
- the right to return to work if you’ve been cleared by your physician
- the right to some kind of disability compensation if you are unable to return to work
- the right to appeal a decision made by your employer, their insurance, or the workers’ compensation court
- the right to legal representation throughout the whole process
- the right to refuse certain offers or requests made by your employer or their insurance company.
Most importantly, you have the right to say no if your boss offers any sort of incentive in some attempt to persuade you into not filing a workers’ compensation claim. Remember, doing this is illegal. The laws in each state are set out so that you can pursue a claim without fear of harassment or reprisal from your employer.
What Are My Rights Against Parties Other Than My Employer?
Perhaps your injury on the job was the result of negligence by a third party. Depending on the situation, this other entity could be the designer or manufacturer of some defective piece of equipment. If that’s the case, you can make a claim against that party.
These claims are typically not filed under workers’ compensation. Rather, they’re a form of civil lawsuits and are filed with state or federal courts.
The Bottom Line
Filing a claim may seem like a hassle, but it’s the best way to ensure that you get the money you deserve while you’re recovering from your incident and continuing to provide for your family. Besides, it doesn’t have to be something that you tackle on your own. Don’t be afraid to call legal assistance to help you navigate the complicated landscape of filing a workers’ comp claim.
