Workers have a right to safety at their workplace and employers are under legal obligation to do everything possible to keep their staff safe and free from injury. The federal agency (Occupational Safety and Health Administration) that enforces safe workplace practice have set rules and regulations to ensure any unsafe work condition is identified and corrected. These regulations ensure that safe machinery and equipment are provided by employers.
While most employers adhere to these guidelines and inspect and maintain their equipment, there are some who overlook these regulations. They disregard worker concerns and ignore maintenance schedules which can lead to malfunctions at the workplace that endanger the lives of the employees. Because of this, some workers suffer serious injury or are even killed. How can workers claim compensation if such a situation arises?
Workers Compensation As a Result of Unsafe Work Conditions
If you have suffered an injury at your workplace, it may be wise to seek legal counsel fast. An injury attorney will help protect your rights and your interests in the event of injured at your workplace. In most cases, when a worker suffers an injury while making use of company equipment, he/she is eligible for workers compensation benefits. And under state workers compensation laws, an employee does not need to prove his/her employer was negligent. The injury he/her sustains is enough proof to invoke workers compensation. Workers compensation covers the payment of medical and therapy bills, out-of-pocket costs (crutches, medications, etc.), and two-thirds of the wages lost during the treatment and recovery period.
However, if there are any complications with your worker’s compensation, an injury lawyer can give you legal advice on your rights and provide you with the information you need to pursue compensation. If you are eligible to receive compensation through other means (Federal Employers’ Liability Act), an injury lawyer can provide legal representation such claims that are brought before a court. As the purpose of workers compensation is to provide any injured worker with an appropriate compensation with no need for legal action. When a workers compensation claim fails (that is it has been contested or denied), legal action is arguably the necessary cause to follow if you want to obtain the type of compensation you deserve.
Who Can File an Injury Claim?
Anyone who is injured at the workplace and has access to a workers’ compensation insurance plan through an insurance provider or their employer can file for monetary damages. As stated above fault does not need to be determined for an employee to file for workers’ compensation. Workers’ compensation coverage was instituted for the purpose of providing injured workers with compensation that covers their medical costs, loss of wages during treatment or disability and rehabilitation costs without the need for any legal action and regardless of who is responsible (employee or employer) for the injury. You could file for a workers’ compensation claim if you suffered an injury at your workplace that requires medical attention or stops you from doing your work.
So if you have suffered an injury at your workplace and your worker’s compensation is contested or denied even when it may seem like the injury happened as a result of negligence on the part of your employer, you are on your right to seek legal action. Speaking with an injury lawyer who is familiar with workers compensation rights is essential.