What to Do if You’re Hurt on the Job
Employees who have suffered an injury while on the job, be it a case of carpal tunnel syndrome or a serious fall, need to be familiar with their legal rights. Under Occupational Safety and Health Administration (OSHA) legislation, all workers employed in the United States are entitled to workers’ compensation insurance. However, workers’ comp coverage varies widely by employer. Just because this is considered an employee benefit, injured employees should not assume that their human resources department will take care of everything for them.
Workers’ compensation was originally established to avoid work-related injury lawsuits, and in accepting this benefit the employee relinquishes his right to litigate. Therefore, injured employees need to determine whether or not they would like to sue their employer for damages before they accept workers’ compensation.
All employees injured on the job are responsible for informing themselves about their rights. Hiring an attorney to help explain the nuances of the law as it applies to their particular case is recommended. There is a chance that the insurance company will eventually challenge the employee’s rights to compensation benefits, and being equipped with an attorney can help prepare him to act should that situation arise.
In cases where employers contest an employee’s right to receive compensation, as well as in those that involve a serious injury, it is highly advisable for the employee to consult an attorney. Workers’ compensation covers medical expenses and lost wages, but in most cases does not cover damages for pain and suffering, for permanent physical disability or disfigurement, for loss of family, social and educational experiences, or punitive damages for employer negligence.
Employees injured at work should consult their human resources department to determine the extent of their workers’ compensation coverage. In most cases, they should also consult an attorney to help them clarify how the law and their insurance pertains to their case, as well as to determine whether litigation would be a recommended step.
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