If you are employed by a company, your employer usually has to provide you and other employees a safe and healthy working environment to help prevent injuries due to accidents and the possibility of illness. As safe as an employer can make the working environment, some accidents may still occur. If you find yourself injured at your workplace, you may be eligible for compensation.
Your Rights
In the event of an injury, you may have the right to put in a claim for compensation. This may differ from state to state, as different areas provide their employees with different coverages and benefits. There are many rights legally that are common across many borders and that you should consider if you find yourself injured or ill under said circumstances.
- Right to File a Claim
In the event of an injury or illness suffered in the workplace or due to work, you have the right to file a claim regarding said illness or injury.
- Right to a doctor
In the event of injury or illness, you have every right to see a doctor or medical professional seek out treatment for your problem
- Right to medical expenses compensation
You are entitled to compensation to cover medical expenses, the loss of time, and in some cases, permanent disability benefits if you suffered permanent and sustaining injuries or illnesses as a result of a work incident or environment.
- Right to disability compensation
If you cannot work due to injury or illness suffered at work, you have the right to file for compensation due to disability, regardless of whether it is permanent or temporary.
- Right to return to work
If you are released and deemed healthy by your doctor or medical provider, you have the right to return to your job
- Right to choose your doctor and physician
Your employer has the right to choose the doctor you will be treated by. According to South Carolina Law, you can, however, choose the physician that evaluates you, but those costs for your evaluation may not be covered. Additionally, if you seek out a doctor without the permission of an employer, they may not be responsible for any medical expenses incurred.
- Right to appeal
If you dispute the decisions by your employer, or their insurance company, or the settlement decision made by the judge or ruling party, you have to right make an appeal in court, and in doing so, you have the right to have a lawyer represent you during that process Your appeal in the state of South Carolina should be made within 14 days
- Right to refuse incentives
You have the right to refuse or deny any offers from your employer to incentivize you from pursuing legal action for compensation claims.
- Right to refuse to use own health insurance
If your boss encourages you to use your own health insurance to cover your medical expenses and treatments, you have the right to say no.
- Right to pursue claims
You have the right to pursue your worker’s claims without harassment from your employer. If your boss makes it hard for you to use or seek out your rights for compensation, they can face major penalties.
Third-Party Claims
There are a few other rights you should explore if your injury or illness was caused by negligence by another party, not including your employer. This can sometimes occur when a third party in the form of suppliers, manufacturers, or other parties are the fault of an accident or incident. Examples of this would include defective protective wear sent by manufacturers, dangerous materials in the product sent by suppliers, or even issues with security personnel or delivery drivers. Any accidents leading to injuries would be categorized here under third party claims and may not be eligible for compensation under your employer’s insurance coverages.
Protecting Your Rights
To assure yourself that your rights remain intact in the event of an accident or illness, you need to report your injury to immediately report your injury to your employer. In most areas, there is a certain period of time where you have to report that incident, typically within the same day and no longer than a few days. This is important to make sure the injury incident can be investigated and proper compensation can be given. You can also hire professional lawyers that specialize in work-related incidents to assure you receive the right coverage for treatment and inconvenience. Additionally, if you are not confident or satisfied with your employer’s ability to process your report, you can put your injury claim to a workers’ compensation court, where your employer, their insurance company and the court will be notified formally of your injury report.
Injuries and accidents in the workplace can be devastating. They can be an inconvenience, to say the least. If you are ever involved in an incident at work, you need to understand that you have rights to compensation and that it is just as important to understand how to protect those rights.
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
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