Workplace injuries are a harsh reality for many American workers. According to the U.S. Bureau of Labor Statistics, approximately 2.8 million nonfatal workplace injuries and illnesses occur every year. Employers are legally obligated to provide a reasonably safe work environment, yet accidents happen, from broken bones and repetitive stress injuries to occupational illnesses. If you’ve been hurt on the job, understanding your rights and consulting an experienced work injury lawyer can make all the difference in protecting your interests and securing the compensation you deserve.
What Should I Do If I’m Hurt at Work?
The first and most important step after any workplace injury is to report the injury to your employer immediately. Most states require that you notify your employer either the same day or within a few days of the incident. Prompt reporting is crucial because delays can jeopardize your workers’ compensation claim.
Once reported, the next step is to file a workers’ compensation claim with the appropriate state workers’ compensation or industrial court. Filing your claim puts your employer, their insurance company, and the court on formal notice of your injury. From that point, automatic legal protections and benefits start applying.
Workers’ Compensation Rights
Workers’ compensation is a no-fault system designed to provide injured employees with benefits without needing to prove employer negligence. Key rights typically include:
- Filing a claim in workers’ compensation court or state industrial court.
- Attending a workers’ compensation hearing if needed.
- Accessing necessary medical treatment related to the injury.
- Receiving medical bills and partial wage replacement.
- Returning to work when medically cleared.
- Obtaining disability benefits if unable to return to work.
- Appealing claim denials.
- Having legal representation throughout the process.
Can I Sue My Employer If I’m Injured at Work?
In most cases, if your employer carries workers’ compensation insurance (which is mandatory in nearly every state), you cannot sue your employer directly for your injury. The workers’ compensation system generally serves as your exclusive remedy.
However, there are exceptions:
- If your employer intentionally caused your injury.
- If your employer committed fraud related to the injury or claim.
- If the injury happened outside the normal scope of employment.
In these cases, you might pursue a civil lawsuit against your employer.
What About Third-Party Claims?
Sometimes a workplace injury results from a third party’s negligence, such as a defective machine manufacturer or a subcontractor. You may have the right to file a personal injury lawsuit against the third party outside the workers’ compensation system.
These claims can potentially recover damages not covered by workers’ comp, such as compensation for pain and suffering, which workers’ compensation typically does not cover.
Protecting Yourself From Harassment and Retaliation
Employees have the right to pursue workers’ compensation claims without fear of retaliation, intimidation, or harassment from their employer. This includes:
- The right to refuse offers to pay medical bills outside workers’ compensation.
- The right to reject incentives aimed at preventing you from filing a claim.
Employers who interfere with your lawful claim rights can face legal penalties. If you experience any form of harassment or retaliation, consult an attorney immediately.
What to Do After a Work Injury
- Report the Injury Immediately: Notify your supervisor or employer as soon as possible.
- Seek Medical Treatment: Follow your doctor’s advice and keep records of all treatments.
- File a Workers’ Compensation Claim: Submit your claim with your state’s workers’ comp board.
- Document Everything: Keep a detailed record of the injury, treatments, and communications.
- Follow Employer Procedures: Comply with your company’s injury reporting and return-to-work policies.
- Consult a Lawyer if Needed: Especially if your claim is denied or if a third party is involved.
Your Next Step to Justice and Recovery
Suffering an injury at work can turn your life upside down, but you don’t have to face the challenges alone. Navigating workers’ compensation claims and understanding your rights can be complicated and overwhelming. That’s where Mokaram Injury Lawyers come in.
With years of experience fighting for injured workers across Texas, Mokaram Injury Lawyers are dedicated to protecting your rights and helping you secure the compensation you deserve. From handling tricky paperwork to negotiating with insurance companies and representing you in court if needed, they stand by your side every step of the way.
