Every year, many Americans are injured on the joband wonder how they can protect their legal rights. The best way to protect legal rights of any kind is to report the injury to your employer. There is usually a certain amount of time in which the injury must be reported, such as within a few days of the incident, or as soon as possible. This all depends on the circumstance of the event. Once a claim is filed, you are automatically protected in certain ways.
What are the rights that all people are entitled to when they are injured at work? The fact of the matter is that workers’ compensation laws will always vary from state to state. There are a number of legal rights that are common across the states such as maintaining the right to file a claim for your injury or illness in workers’ compensation court or the state court, the right to see a doctor and to pursue medical treatment, and the right to be represented by a lawyer throughout the process. It is always important for somebody injured in an accident to remember that you have the right to say “no” to whatever you feel you need to. For instance, if you are injured and your employer wants you to use your own health insurance to pay for your medical treatment, you have the right to refusal.
What if My Employer Gives Me a Hard Time About My Claim?
In each state, every person is entitled to fair treatment for their case. The laws of each state say that you can pursue a workers’ compensation claim without fear of harassment from your employer. An employer may receive penalties if they make it difficult for an employee to freely exercise their rights to try to receive workers’ compensation. It is illegal for a boss or superior to harass someone at work and make it difficult for them to do their job.
Negligence of a Third Party
Sometimes, the negligence of a third party involved in an accident may
come into play. This could be a designer or manufacturer of a defective
product or something else depending on the situation. You may be able
to bring a “third party claim” against another party if you
have been injured at work due to their negligence. These claims may not
fall in the realm of the workers’ compensation universe, but may
instead take the form of civil lawsuits and are filed in state or federal courts.
What is the ADA?
There is also something known as the Americans With Disabilities Act of 1990 (which was amended by Congress in 2008), which makes it unlawful for an employer to discriminate against a current or prospective employee who is disabled. This act actually makes it illegal for an employer to terminate a worker based solely on the employee’s disability and works on helping to prevent employers from firing employees whose disability or medical treatment prevents them from immediately returning to work.