Work injuries are very real and very serious. While we all like to believe our workplaces are safe, unfortunate accidents can happen. Whether you have a desk job or a career that puts you more directly in the way of a workplace injury, you need to know your rights if you’re ever injured at work.
What You Need to Know About Workplace Injuries
Injuries in the workplace can happen for a variety of reasons and at just about any time. While some jobs, such as construction workers, have a higher risk of sustaining an injury while at work, just about anyone can be injured while they’re working.
Workers’ compensation is designed to provide you with financial compensation if you are ever injured. It also helps protect your employer from getting sued if you are injured at work. However, there are some special circumstances that surround workers’ compensation.
Not all injuries will be covered under workers’ compensation. For example, if you were not injured while at work or the injury was not work related, you will not qualify for workers’ compensation. Additionally, you must be an employee of that company in order to receive workers’ compensation.
In order to receive financial compensation from your employer’s workers’ compensation insurance, you must prove that your employer was negligent and that the negligence lead to your injury.
What is Negligence for a Workplace Injury?
Negligence states that your employer acted careless in protecting you while at work. There are four main elements you will need to prove in order to receive workers’ compensation.
First, you need to prove that your employer was responsible for protecting you from injury and ensuring you are not hurt at work. This includes providing you with the training or education you need to safely operate equipment or perform work related tasks.
Then you must prove that your employer breached that duty. An example of this step would be if they did not provide you with the appropriate training or education.
The third thing you must prove is that breach of duty directly led to your injury. If you were injured using equipment you did not know how to use because you were not trained, you can prove this step.
Finally, you must show that you received damages because of that injury. Damages may include medical bills, lost wages, loss of income, and pain and suffering.
How to Get Financial Compensation from Workers Compensation
If you can prove that your employer was responsible for your injuries, you will need to file a claim with your employer’s workers’ compensation provider. You should first let them know that you will be filing a claim.
You will then need to gather evidence that supports your claim. If there were witnesses around or other employees who saw the injury take place, you will want to speak with them and ask them to provide a testimonial to the insurance provider.
Finally, you will want to talk with a workers compensation attorney. Because attorneys understand what information is needed and what kind of compensation you can receive, they can help you throughout the legal process.
What Kind of Financial Compensation Can You Get?
The financial compensation you receive from your workers’ compensation claim will help you cover expenses related to your injury. For the most part, this will include your medical bills or other bills related to your medical expenses, such as crutches or a wheelchair.
You can also receive compensation for future medical bills you may have related to your injury. If you need to continue to see a doctor or have future treatments and rehabilitation to restore movement and mobility, those expenses should be covered in your claim.
Your claim can also pay you for your time away from work while recovering from your injury. By reimbursing you for your lost wages, you can focus on getting healthy and fully recovering before you return to work. If you’re unable to return to work, you may also receive loss of income.
Finally, you can receive compensation for your pain and suffering. Pain and suffering compensation is given for the stress and distress you can experience after being injured.