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Legal Options After Being Hurt on the Job

Legal Options After Being Hurt on the Job

Posted By The Dunnion Law Firm || 20-Sep-2017

When it comes to work, every company makes safety a priority. However, there are times when accidents can occur, even at businesses where employers take every precaution available. Any injury, such as broken bones, illness or inflammation of a pre-existing condition can happen on the job. The good news is that every state has a type of system that helps employees deal with incidents that happen at work. This article will look at what rights an employee has as well as the role a California personal injury lawyer can play in any potential cases.

Defining a Worker’s Rights

While worker’s compensation laws can be beneficial, the details can vary greatly depending on the state you reside in. These variations also extend to what rights an injured employee can receive and legal procedures that verify the rights. That said, there are a number of set rights that are typical across all states. These include the right to:

  • File claims for any received illness or injury in either state industrial or workers compensation court

  • Visit a doctor and collect medical treatment

  • Return to your job if your physician pronounces you able to be released to go back to work

  • Receive disability compensation if you can’t return to work either permanently or temporarily due to the injury

  • Appeal any decision made by worker’s compensation court, the employer or their insurance company

  • Legal representation throughout the duration of the claim process

The best way to have these rights maintained is to report the injury to your employer once it has taken place. Most states call for injuries to be noted within a set timeframe, normally the same day or a few days after an accident has happened. Following this, a claim should be submitted with the appropriate court, notifying the employer and their insurance company of the injury.

It should also be noted that you have the right to refuse any particular request or offer that is received, such as any incentive to not file a claim for compensation. Each state has laws that also prevent an employer from harassment or making it difficult to perform your job if the intent is to dissuade you from filing.

Rights Against Other Parties

In cases where an injury suffered at work was the fault of a third-party, you have the right to file a suit against those responsible. These entities can include a delivery truck driver or a manufacturer of a defective piece of equipment. A key difference is that these cases are filed in civil courts, not worker’s compensation courts. In addition, it is normal to seek additional personal injury damages that one wouldn’t typically get with a worker’s compensation case.

Workers and California Personal Injury Lawyers

For workers dealing with injury on the job, it is important to know the rights you have before filing a potential claim. It is also key to have a lawyer that can assist you through the process. The attorneys at the Dunnion Law Firm can help with your case. We have over 40 years of experience in assisting employees that have suffered work-related injuries. Learn more today by calling 800-U-NEED-US or visit us online.