Be Informed of Your Legal Rights as An Employee Regarding Workplace Accidents
Employers are required to keep their employees in a safe work environment. In spite of the precautions taken, there are chances of injuries. The moment an employee gets injured at work, he/she should be aware of the steps to be taken and legal rights. A small mistake while handling the process would result in the employee getting less benefits/settlements.
What are the common workplace accidents?
- Car accidents
- Truck accidents
- Slips and trips
- Losing balance from a height
- Equipment accidents
- Lifting accidents
- Construction site accidents.
The injured employee has the right to seek for worker’s compensation. They have to aware of your state-specific laws. Before filing a workers’ compensation claim, talk to an attorney. Reach out to Cecere Santana for consultation with work accidents attorney in Florida. Their experienced lawyers will brief you about your rights and guide you in the process.
Personal Injury claims:
Personal injury claims include full-compensation and are applicable under the following instances:
- Workers’ compensation doesn’t apply for the injured employer
- A third person like contractor or negligent driver is the cause for injury rather than employer
- You were intentionally injured by your employer
- The accident involved you working with a dangerous product
Know your rights:
Report the accident: Some states have a short deadline before which the accident report must be submitted. File a report if you are involved in a work accident even though you are uninjured so that it initiates your employer to put forth updated safety measures. The report would also prove useful when you experience symptoms only after few weeks.
Lawsuits are not applicable: With the exception of Texas, most employers from other states have to secure workers’ compensation insurance. Employees don’t have the power to sue their employers. They don’t have to submit proof of employer’s negligence resulting in injury either.
Benefits don’t’ apply when under the influence of alcohol or drugs: If the injured employee is caught using illegal drugs or intoxicated during the time of injury, the compensation won’t apply. Some injured employers may be required to take drug tests to confirm the same.
Report the incident to your employer at the earliest: Employers file for workers’ compensation only when they are informed about your injury. If your employer is aware of the accident but doesn’t know about the employee’s injury, it should be reported promptly. Follow up and see if workers’ compensation has been filed and get hold of a copy.
You ought to have a clear understanding of the situation and well-informed about your rights. Getting the help of an attorney would help you obtain the maximum compensation benefits.