
Getting injured on the job is a lot more common than you think. In fact, according to CBC News, a U.S. citizen gets injured every seven seconds. That’s just how common workplace injuries are, and you’d be surprised to know that it happens to a whopping 4.7 million individuals on a yearly basis.
Unfortunately, because of how likely you are to be on the receiving end of a workplace accident, your employers will always find ways to compensate you much lower than you deserve. If you’ve recently been injured on the job and you’re not sure if you’re getting the right compensation, here’s what you need to know and the signs you need to look out for.
Your Employer Accepts Your Claim
After getting involved in an accident at work, it’s common to have your employer outright deny you compensation, claiming that it was out of your own negligence in the workplace. Workplace compensation lawyers will help you along the process to file the claim and fight for your rights. This is simply against the law and could cost your employer quite the penny in a much more expensive lawsuit than it would cost them to pay you what you deserve.
A good sign that you’re getting the right compensation is empathetic HR. Your employer, in this case, should empathize with your situation and assess it accordingly. The trick is that your employer does have the legal right to deny your claim, but only if they have a valid reason to do so. For instance, if you got injured because you were operating heavy machinery while using your phone, then the accident could be considered a result of your own negligence. However, you should be able to test the waters with HR and see if they’re responsive to your claim and the evidence you provide them.
The Settlement Covers All Your Losses
In some regions, claim denials are extremely common, especially in states such as Georgia, where workers are twice as likely to get denied compensation because the claim is rendered “idiopathic.” However, you should understand that this only applies to very few cases, and more often than not, workers are in the right. For example, if you faint on the job and you also have low blood sugar, it could be a little challenging to prove that the cause was inhaling toxic fumes and not due to your own health condition.
Your employer should offer to cover all your losses, ranging from your medical bills to any lost wages until you’re fit enough to get back to work under your doctor’s orders. If the settlement that your employer offers you does not cover all your losses, hiring a workers comp lawyer in Georgia could help you out, especially in cases of claim denial. An idiopathic condition is unique to you rather than the nature of the accident, but you should understand that this is very rare.
You’re Offered Claim forms.
Your employers shouldn’t just verbally tell you that they’ll have you covered; their actions should prove that they plan to compensate you. In fact, the moment you report your case to HR, you should immediately be provided claim forms as well as a document that contains written information about your workers’ compensation rights so that you know what to expect. Depending on your state, these details should help you fill the form provided. While some companies see this as a common courtesy, this is actually required by the law. Regardless of whether or not you will receive compensation, as soon as you are injured, you have the right to immediately file a claim as soon as you physically can.
You’re Treated Fairly
As previously explained, you should pay attention to how your HR or employer reacts to your situation. A sign that you’re about to be compensated fairly is the way your managers receive your injury. If you feel like they’re shrugging it off or convincing you to let it go, this a clear sign that you’re being treated unfairly.
Further, if your employer does not only deny your claim but acts in a retaliatory manner such as demoting you, reducing your hours, or cutting your wage, even temporarily, this is prohibited by law and is considered discriminatory. You should remember that employees are protected by U.S law from retaliatory actions in cases of injury and claim denials.
On the other hand, fair treatment includes not only receiving financial compensation but in some cases also receiving less workload or being offered a more suitable position that offers the same wage but is more suitable for your physical abilities.
Being injured on the job can be debilitating. On top of injury, some workers also have to go through the stress of whether they will receive the compensation they need without worrying about medical expenses or lost wages. If your employer is not complying with the abovementioned laws, hire an attorney in your area or contact a legal counselor.