Over 4 million workplace-related injuries occur annually in the United States. The most common among them are
- Overexertion
- Contact with equipment
- Falls
- Exposure to harmful substances
Workers’ compensation attorneys have detailed knowledge of the laws that deal with injuries at the workplace. They will be able to guide you through the process of obtaining fair compensation, solving all the complexities involved.
Know your rights
A workplace injury is defined as a “personal injury or illness that arises out of and in the course of employment.”
Workplace injuries are fairly common, and if you’re not aware of your rights, your employer may cheat you out of fair compensation. Here is a list of the rights you’re entitled to:
Right to compensation for medical expenses
Getting into an accident at work can lead to hefty medical bills. The workers’ compensation law gives you the right to claim compensation for any injuries that were caused during the course of your occupation.
This includes doctor’s visits, surgeries, and prescriptions to treat your work-related injury or illness. This also includes any costs incurred for rehabilitation from an injury or illness.
Right to seek disability compensation
If your injuries at work cause partial or permanent disabilities, you are entitled to compensation for the disability caused. Examples of workplace-related disabilities include:
- Hearing impairment
- Partial blindness
- Muscular damage
Depending on the nature of the disability, whether permanent or temporary, you will be entitled to different compensation.
Right to return to work
Workers’ compensation law prevents employers from firing a worker due to a workplace injury. Employers are required to make accommodations at work that will help the worker carry out their duties.
The laws differ from state to state and don’t apply if the worker is unable to complete essential aspects of their work.
Right to claim lost wages
If you are unable to work for a period of time as a result of an injury that occurred at work, you are entitled to fair compensation for lost wages.
For example, if a fracture prevents you from using your arm to do your work, you are entitled to compensation under this rule.
Right against retaliation
Employers cannot fire you for an injury at work. Refusal to hire due to an injury is also considered unlawful in many states.
Exceptions
There are exceptions to this law, some of which are detailed below:
Job Categories
Certain job categories and business types are exempt from workers’ compensation laws, including:
- Domestic workers
- Seasonal workers
- Taxi drivers
- Members of the clergy
Independent contractors
Independent contractors aren’t entitled to workers’ compensation. Workers are defined as independent contractors based on the amount of control they have over their work.
If you can prove that your employer has intentionally mislabeled you to avoid paying for your benefits, you can claim compensation for workplace-related injuries.
For example, if you are treated as an employee but are mislabeled as an independent contractor, you may be able to claim damages.
Volunteers
Volunteers aren’t entitled to workers’ compensation, but some states require that certain volunteers, like firefighters, be adequately compensated for work-related injuries.
