What Rights Do You Have When Injured On The Job?

While going to work isn’t always the most fun activity, it should at least be somewhere that you feel you are relatively safe and protected. Unfortunately, accidents happen at work, just like anywhere else. But, safety standards and laws specific to various industries detail how things should be done. 

If you’re injured because of negligence and not just a pure accident, you likely have some protection under the law. But, this can be complicated and involves many factors. 

If you’ve already dealt with an injury, you might have questions about where you can turn for help. If not, it’s still helpful to know what to do in the case of a workplace accident. 

Learn more about your rights in this article.

How To Make A Complaint For Safety Violations

Unfortunately, many workers feel they will be retaliated against if they mention a lack of safety standards or get injured. One of the primary resources for lack of compliance is contacting the Occupational Safety and Health Administration (OSHA). You can file a claim with them, and they will get back to you with more information. 

Because various fields and industries have their own legal obligations, it’s challenging to list all the stations and caveats here, so the best option is to talk to OSHA or another expert. Their website also has a list of resources, including the laws regarding workers’ safety. 

What’s The First Step If You’re Injured At Work? 

Your employer is legally required to create a safe environment within reason. Once the injury happens, the first step is reporting the injury directly to your employer. While requirements vary from state to state, most laws state that you need to report the accident/injury in a certain amount of time. If you wait too long, you will have less of a legal claim. 

Then, you’ll want to file a claim with the worker’s compensation court in your area. After you file, there are legal protections meant to protect you that will take effect right away. 

What If I’ve Been Injured Already And Need Help?

While reporting a violation to OSHA is a good plan, you may need more immediate legal help if you’re already injured. In this case, the best way to know if your employer is liable is to reach out to a worker’s compensation attorney. The laws vary greatly depending on your state, so it’s not a bad idea to contact a lawyer if you have questions. 

What Is Workers Comp? 

Unlike other areas of law, determining how much someone will be compensated for a workplace injury isn’t always about establishing who was most at fault. Instead, workers’ compensation is a kind of insurance paid for by the employer for the employee. Payouts for these accidents and injuries vary but can include monetary payment along with payment of medical bills. 

In many cases, the employee can still receive a worker’s compensation insurance payout even if they are partially at fault. The main exception to this is if the injury happened because the employee was under the influence of drugs or alcohol when the accident occurred.

Do You Have A Worker’s Comp Case? 

If you were injured while at work, you could have a case, but the nuances and specifics of the situation play a significant role. Other than speaking with an attorney, you can also reach out to The U.S. Department of Labor’s Office of Workers’ Compensation Programs(OWCP). This organization can assist people dealing with various injuries or diseases acquired because of work.