If you have a job where you have to sit all day in your desk and work on your laptop, and you think that you can’t be injured because you are not working in a coal mine, then you are wrong on so many levels. There are a lot of factors that can be a cause of your injury while you are at work. Therefore, you must remain vigilant of all such things that can harm you.
However, if you still get hurt at work, then you should know each and everything about an on-job injury legal claim.
When it comes to knowing your legal rights at works, people are generally very unaware of their rights. It is the reason that most people don’t even think of making claims when they are injured at work. If you are one of those people, then this blog is going to cover you with every necessary detail that you need to know about a worker’s compensation claim.
Before I move on towards the details process of how job injury claims work, you must understand the importance of hiring a reasonable attorney who can lead you through the process and help you win the case. For example, you can hire Long Beach worker’s compensation attorney if you are injured at work and now want to claim your injury on the company you work in.
Now, here’s everything explained briefly that you need to know about a worker’s injury claim.
Here you go:
Things You Need to Know:
When it comes to the law, knowing something and doing things falls under two different categories. Therefore, here are some very important things that you need to know before you plan to make a compensation claim against your lawyer.
What is A Worker’s Compensation Claim?
A worker compensation law is a law that provides this right to the worker that they can make a financial claim against the company or their employer in case they get hurt on the job. It means if you are injured due to your employer’s negligence, then you are eligible for the compensation.
To put it simply, if your injury could have been avoided if the wiring at your office was up to date, then it’s a classic example of worker’s compensation. All states in the United States of America have these laws. However, some are more employee-friendly than others.
What Are Your Rights?
Although the worker’s compensation laws vary from state to state, there are still somethings common in all the laws. All these common things are listed below:
- You can file a claim in the worker’s injury court or in the state industrial court
- You have the right to pursue medical treatment
- If your physician allows you, you have the right to return to work and resume your position
- If you are unable to do your job because the injury is of a permanent nature, then you have the right to claim disability compensation
- If you disagree with your employer, the insurance company or worker’s compensation court, you have the right to appeal that decision
- You have the right to be represented by the lawyer throughout
Are you Eligible for The Claim?
This is perhaps the most important thing that you must know before you decide to make an injury claim against your employer. In most of the companies, not all the employees are eligible for such claims. You have to make sure that your designation falls under the category that is paid the claim in case of any injury. If you want to keep your job and file the claim at the same time, then this is the most important thing that you need to know.
Things You Need to Do:
Now that you’ve learned the important things that you need to know about the law, you must also know the procedural details of making a claim. Here you go:
First Thing First – File a Report
The first and the most important thing is that you file the report as soon after your injury. You should not delay the process as it can weaken your stance on the case, and you may not get the compensation that you actually deserve.
Therefore, once you’ve got the injury, you talk to a friend or a family member whom you trust so that they can file the complaint about you just in case if you are not in shape to do it yourself. Make sure that you get every event in your to complain right, and there is not any loophole. It is important because it can affect the merits of the case in court. So, if you don’t want that, don’t make any mistakes in your complaint. It’s really that simple and easy.
Hire an Attorney
Now, this is perhaps the most important and deciding thing about your claim against your employer. The chances are that the employer will fight back, and they will do everything to prove that your injury was not their fault because their company’s reputation is at stake. Now, to deal with such kind of situation, you need to have a strong background in law if you want to do it alone. Obviously, you don’t have that kind of expertise.
Therefore, it is of utmost importance that you hire a good worker’s compensation attorney that has extensive experience in the field. They will guide you in the right direction to follow in your case. Above all, they will figure all the procedural details for you and make sure that your paperwork is completed, and it doesn’t have any legal flaw or loophole in it. It is important because you don’t make any mistake to backfire against you in the court.
Consult a Doctor
Once you’ve hired an attorney, you need to consult a doctor, but this time, it’s not for the treatment off course. A doctor will assess your current condition and give you a medical certificate according to it. Moreover, they will help you get the reports sorted that you may need to make your claim strong.
An important thing to note here is that from the very beginning of your treatment, you need to save all the records of your treatment. It’ll be really helpful to you, especially you have to take the whole thing in court. These records will help you to get a better and more reasonable settlement.
Report Injuries as Soon As Possible
Sometimes the injuries are internal, and they don’t show any sign in the beginning. However, if this happens with you, you need to inform your employer immediately and amend your complaint or report of the incident accordingly.
Understand that if you are careless about not only will it cost you a lot of money, but you may be at a greater health risk without even knowing it. So make sure that you report injuries as soon as they appear even after the incident has happened. Another important thing is that you follow up to make sure that a workers’ compensation claim is filed. You are entitled to a copy of the workers’ compensation claim filed by your employer.
Figure Out Future Risk
Sometimes the injury causes you the damage for the rest of your life. In such cases, your ability to do the job is affected, and it overall affects your quality of life. While there is no compensation for your physical loss, a little bit of financial help can take some worries off your plate.
Therefore, it is really important that you make sure that you have calculated your risk the damage carefully. It is extremely important if you have a family because they are dependent on you too. So, you have to do it as carefully as you can.
Your health and safety is and should be of the utmost importance for your employers. Most of the employers take care of all the things that have the potential of harming, but still, the chances of any unfortunate event can only be reduced but can’t be wiped off completely.
Therefore, it is your responsibility as well to take care of yourself and report anything that can a potential threat to you or to anybody else at your workplace. But it still happens, then you need to make sure that you take all the steps mentioned above.
Lastly, even you want to hire an attorney. It is still very important that you at least take legal consultancy from them. It is important because when it comes to legal matters, things can both against and for you. And you can’t get injured and lose a case at the same time just because you didn’t make the right decision. So, that you are following the law, and there is no loophole in the claim that you are filling.
Stay safe and stay vigilant if your work is of a dangerous nature. Your safety is important, so make sure you are safe when you are working.