Workplace Injuries can harm your health and threaten your job security. Your recovery and future employment depend on these aspects. It is important to understand the legal rights when you are getting hurt at work. This article explains your legal rights and protections if you get fired after an accident at work.
How do you understand your legal rights after an accident at work?
Slips, falls, and machinery malfunctions cause workplace accidents. Employees need time off to recover, get medical treatment, or secure long-term accommodations based on the injury’s severity.
Wet floors, uneven surfaces, and cluttered walkways cause slips and falls. People injure themselves by lifting heavy objects or repeating motions when they overexert. Equipment malfunctions or improper use lead to machinery accidents that hurt on the job. Objects fall and injure people. Company vehicles and work travel can lead to accidents. Workers’ compensation protects employees who are injured on the job. This program assists workers injured and unable to work or ill from their jobs, regardless of fault.
What are the main features of workers’ compensation?
Workers’ compensation has key features like:
- Healthcare costs cover the costs of injury treatment. An experienced work accident attorney can help you understand your cost more.
- Lost wages cover the time taken off work for recovery.
- Disability Benefits offer financial support for permanent disabilities from injuries.
- Vocational Rehabilitation provides job training if you cannot perform your previous job.
- When you accept workers’ compensation benefits, you typically give up your right to sue your employer for the accident at work. Filing a claim keeps you safe from termination.
How are the employees protected?
Federal and state laws protect employees who report accidents at work or file for workers’ compensation. People react in different ways. The company fires the employee after they file a claim. A demotion lowers the employee’s rank or pay grade. Disciplinary actions involve unfair reprimands or penalties. Harassment makes the work environment hostile after an accident at work.
When can you be fired after an accident at work?
Legal assistance exists, but some cases still result in termination. An employer can fire an employee who does not communicate their absence or does not return after a long leave without notice. An employer fires an employee for negligence or breaking safety rules that lead to an injury. An employer can prove that an employee’s presence poses a significant risk to workplace safety or operations, which justifies termination. This requires supporting evidence. Consult an employment law lawyer if a workplace accident at work leads to your firing. They clarify your rights, evaluate the legality of your termination, and assist you in filing a complaint if necessary.
What actions should you take when following up after handling workplace accidents?
Follow these steps when handling accidents at work.
- Report Now: Report the accident to your supervisor or HR department right away. This creates an official record and is essential for your workers’ compensation claim.
- Seek medical assistance. Focus on your health and get the treatment you need. Document each medical visit, treatment, and expense.
- Submit a workers’ compensation claim. Quickly submit the necessary paperwork for your state’s workers’ compensation program. Understand the deadlines for filing claims.
- Record everything. Record all communications with your employer, medical records, and documents about your injury or treatment.
- Understand your rights. Understand your legal rights and the meaning of retaliation. This knowledge allows you to address unfair treatment after your accident.
- Discover rehabilitation. Get vocational rehabilitation services if your injury impacts your job performance. Improve your skills or move to a new role.
Wrapping Up
A work accident causes stress and difficulty. Knowing your legal protections brings you peace of mind and helps you manage the aftermath of an injury. Knowing workers’ compensation, workplace lawsuits, and your rights under the ADA and FMLA empowers you, even if you worry about job security. Get legal help from a work accident attorney if you experience unfair treatment after a workplace accident. Defend your rights and consider your choices. Gaylord & Nantais Attorneys at Law represent clients, who are well aware of workers’ compensation laws. Schedule a free consultation with our work accident attorneys. Get in touch with us now at (562) 561-2669.
