Workers' compensation laws play a very important part in protecting individuals who are injured on the job. Unfortunately, far too many workers are unaware of the way this system works and their rights under the law. Consequently, many of these workers may fail to pursue or obtain the workers' compensation benefits they deserve. Taking a moment to review the three facts below can help to prevent you from finding yourself in this same situation.
#1: Workers' Compensation Is A No-Fault System
One of the most common reasons that injured workers choose not to pursue a workers' compensation claim when hurt on the job is because they were at fault for the accident that caused their injuries. In many cases, individuals believe that they are not entitled to benefits if they held any fault in the accident. This is not the case. The workers' compensation system is a no-fault system. This means that your eligibility for benefits is in no way affected by fault or blame. If you were injured at work, you are entitled to file a workers comp claim regardless of the events that ultimately caused your accident.
#2: Workers Compensation Laws Apply To Both Accident Related Injuries And Repetitive Motion Injuries
Injuries that occur as the result of an on-the-job accident represent just one type of workers' compensation claim. Employees who suffer injuries as the result of repetitive motion can also be entitled to workers' compensation benefits if this repetitive motion was required in order to perform their job duties. For instance, if a data entry professional develops carpel tunnel syndrome as the result of typing for long periods of time, this type of repetitive motion injury could qualify for a workers' compensation claim.
#3: You Cannot Be Punished For Exercising Your Rights Under Workers Compensation Laws
You have a variety of rights under workers' compensation laws. For instance, you have the right to file a workers' compensation claim, hire a workers' compensation lawyer, and seek private medical care for your injuries. Most importantly, you have the right to exercise all of these rights without the fear of punishment or retaliation from your employer. If your employer attempts to demote, fire, or cut your hours as a direct result of your decision to pursue a workers' comp claim or to hire an attorney to represent you, your employer could face serious consequences under the law. This type of action should immediately be reported to both your attorney and the Attorney General in your state.Share