What is legally required of an employer when an employee is injured at work? Author:    Posted under: Health InsuranceHealth Insurance questions answeredHealth Insurance Types


One the most unfortunate things an employee may experience is getting hurt or injured at work. No matter whose fault it may be it is critical for any employee to know what his or her legal rights are in order to not be mistreated.

Every state has their own laws regarding injuries at work but most of them state that should an employee get injured at work, their employer is required to provide the injured person with an “injury report/accident report” one copy for their personnel files, and one for the injured. Most laws state that the employer is also to provide the insured with compensation for lost wages due to the injury as well as payment for any medical bills or pharmacy charges if incurred by the injured, or provide workers’ compensation insurance for the injured person.*

It is comforting to know that most states require that the injured employees are also at liberty to receive medical benefits and future employment in addition to their monetary compensation. Medical bills, therapies and treatment, depending on how severe the injury or illness is, should be covered by the employer.

Some states such as Massachusetts have what is known as Worker’s Compensation Statute. This is a “No Fault“, wage replacement system designed to pay the injured worker both medical benefits and lost wages during his or her period of incapacity from work. In many cases, an injured worker is also eligible to receive vocational retraining, if their injury at work prevents them from returning to their previous occupation. As a “No Fault“ Statute, the injured worker is not able to sue their employer or co-workers for the civil negligence damages called pain and suffering. While the Workers Compensation Statute was designed to protect interests of the injured worker and his or her family, disputes between the injured worker, his or her employer and the workers compensation insurer often arise, which undoubtedly make an already difficult situation more troublesome. Thus, if you have been injured at work, and are unable to earn your full wages for five or more days, or require medical treatment as a result of an accident at work, you become eligible to receive Workers Compensation Benefits.**

Another thing every worker faced with this situation must know is that they always have the choice to hire Compensation Lawyers. Compensation lawyers are present to stand for employees to be legally protected in case they meet accidents or are injured at work. They ensure that workers get the right compensation and convince employers to observe safety measures in their workplace conditions. Workers’ compensation attorneys are big believers of employees’ rights and workers’ best interest and know the system by heart.
It is the job of work compensation lawyers to bargain with the employers in order for employees who have experienced work-related injuries to get the rightful compensation. It is always best to hire work compensation lawyers and have them present to inform the employees about their legal rights and to help them make the right decisions.

Although most employees are turned off by the idea of having to pay the extra cost of hiring work compensation lawyers, it is comforting to know that most states have what we call the “Contingency Fee Agreement” which states that the basis for the agreed percentage of what the work cover lawyer’s compensation depends on the amount that the employee will receive upon winning the case. Losing the case and the absence of settlement would unable payment of fees. Therefore, injured employees will not be required to pay any fees whether they consult through phone, letter or personal meeting. Once the employee wins the case against the employer, fees can be settled. ***
Sources:

*http://wiki.answers.com/Q/What_is_legally_required_of_an_employer_when_an_employee_is_
injured_at_work

** http://www.kantrovitzlaw.com/workers_compensation.html
*** http://www.articlebliss.com/Art/469226/252/Work-Cover-Lawyers-Legally-Stand-for-Injured-Employees.html

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