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Injury At The Workplace: What To Do? |
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Written by Kum Martin
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Federal laws protect employees who are injured at their employment place. Every employer and employee should follow a few steps in order to comply with the rules and to solve such issues. Therefore it is essential to know your rights and duties as well as the ones of your employer.
If you have been injured or an illness occurs at your workplace, the first step is to immediately inform your employer. The employer should provide you a claim form to complete. This form should be submitted to the insurance carrier as well as to your state workers' compensation agency. It is necessary that you submit this form as quickly as possible in order not to lose your right to benefits. Most illness or injury which occurred at your workplace is covered. Regardless of the seriousness of the accident or injury, you do not have to establish fault or negligence in order to collect. The cost of the program is also carried by your employer.
Once your claim is processed, you should be notified on the amount of your compensation. Generally, you are entitled to receive one-half to two-thirds of your normal compensation while unavailable to work plus your entire medical, hospital, surgical, and rehabilitation costs.
What if you or your employer disputes the claim? In the case, you are unsatisfied with your compensation or you have denied compensation you can make an appeal to the workers' compensation board. But in the case that your employer disputes the claim, you and your employer will be required to attend an arbitration hearing with the workers' compensation board. After the hearing, your employer can make an appeal of the decision and bring the case to the next level, depending on the appeal procedure established in the state.
Eventually, you should keep in mind that you cannot file a separate civil lawsuit against your employer or co-worker if you already receive compensations. The reason lies in the fact that compensation is the unique remedy for an employee to obtain replacement income for work-related injuries and illness without going to the courts. But, if the injury was caused by a third party who is not the employer or coworker, you can still fill a separate lawsuit.
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