Worker’s Rights and Responsibilities

Wednesday, November 7, 2012

Worker’s Rights and Responsibilities

Written by Malman Law, reviewed by Steve J. Malman.

Individuals who are injured while on the job have a right to seek redress for their injuries. There are laws in place that give employees the right to seek compensation from their employers if they are injured on the job, however, the responsibility of exercising these rights lies with the worker.

The system of laws that were designed to protect injured workers is known as Worker’s Compensation, Workman’s Compensation or Worker’s Comp. An injured worker will need medical care after he or she is injured. This creates an extra financial demand that many people may find difficult to meet from their own funds. Another challenge that arises from being injured on the job is the loss of income during the time of recovery. The aim of the law is to ensure that the injured worker receives benefits such as: 

1. Payment of medical bills
2. Compensation for the period of time you are unable to work
3. Vocational rehabilitation
4. Educational assistance
5. Permanent partial disability benefits
6. Total disability benefits (when applicable)

These benefits are covered by the employer’s workers’ compensation insurance, but workers will only receive compensation if they exercise their rights and responsibility. Workers must understand that the benefits are not automatic. They must take measures to ensure they receive what is due to them. It is their right as a worker to seek out a Workman’s compensation lawyer for their claim.

Why Hire a Workman’s Compensation Lawyer?

Due to the technical nature of matters relating to the law, it serves an injured worker more if he or she seeks the assistance of an attorney who has expertise in that area of law. Without the lawyer it would be the worker going up against the employer. Injured workers will benefit more from consulting an expert attorney who can provide the necessary guidance that will help them to protect the benefits to which they are entitled under the Worker’s Compensation laws. The attorney will provide advice that ensures the protection of the worker’s benefits as well as defense against any possibility of the premature termination of those benefits. The worker should take some time to familiarize his/herself with the Worker’s Compensation benefits of their state. Injuries that are usually covered by the compensation laws include:

1. Traumatic physical injuries
2. Occupational diseases
3. Repeated trauma injuries
4. Mental injuries

Workers should be aware that there are injuries that are not covered by the compensation laws in certain jurisdictions. They may not be able to collect on benefits for injuries or death that resulted from their own willful misconduct or intoxication while on the job.

What Should You Do?

If you are injured while on the job the first thing you should do is to immediately seek medical treatment for your injury. Inform the doctor that you were injured while on the job or that the injuries are job-related. Your next step is to contact a workers’ comp lawyer who will provide guidance for the process of applying for workers’ compensation. Following your medical treatment, a formal written notification should also be sent to your employer before the deadline to receive workers’ compensation benefits.

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