Employers are legally required to provide a safe, hazard-free work environment for their employees. However, sometimes, employers fail to provide a healthy work environment, or errors occur due to another employee’s negligence.
Whether you suffered neck or back injuries in a slip and fall or have a concussion after a heavy machinery accident, it’s crucial to know your rights if you are injured on the job. Our experienced personal injury lawyers have put together the following guide on workers’ injury rights to help make this process easier. If you have further questions, or would like to schedule a consultation, contact The Law Offices of Patrick S. O’Brien today.
Worker’s Compensation Laws
Worker’s compensation laws can differ significantly from state to state, including how long injured employees have to file a claim after an accident, the type of injuries covered, and the recoverable damages. However, generally speaking, if an employee is injured at work, they have the right to:
- File a claim for a work-related injury or illness
- Seek medical treatment from a doctor
- Return to work with approval from their treating physician
- Receive disability compensation in the event that they cannot return to work, whether temporarily or permanently
- Obtain representation from a personal injury attorney
- Appeal a denied worker’s compensation claim
Again, every state’s worker’s compensation laws are different. For example, in the state of Missouri, you have within 30 days of a work-related accident to file a report with your employer. Then, from that time, you have two years to file a worker’s compensation claim. If you have a valid worker’s compensation claim, you are entitled to compensation for your out-of-pocket medical expenses, two-thirds of your average weekly wage while you are out of work and recovering, and disability payment for partial permanent disability or permanent total disability.
What Should I Do If I am Injured at Work?
If you are injured in an accident while on the job, due to unsafe machinery, a hazardous work environment, or because of a coworker’s negligence, you should immediately get examined by a doctor, document your injuries, and report the incident to your employer. Failure to get treatment for your injuries or file an accident report with your employer can result in your employer denying that the accident happened, and denying worker’s compensation benefits to cover the cost of medical expenses and lost wages incurred.
Injured on the Job? Contact a Worker’s Compensation Attorney Today
The worker’s compensation claims process can be complex, especially if your employer denies your claim or does not have worker’s compensation insurance. If you were injured at work, and would like to know more about your rights, or need help appealing a worker’s compensation claim, The Law Offices of Patrick S O’Brien can help. We will take the time to understand your unique situation, and have the experience and resources required to help you receive fair and just compensation. If you are interested in scheduling a free consultation, contact our offices today.