Accidents happen, but when they occur at the workplace, they can result in serious injuries that affect an employee's ability to work. If you have been injured on the job, knowing your rights and understanding what workers' compensation entails is important. Workers' compensation is a state-mandated insurance program that benefits employees who are injured or become ill due to their job duties.
What is Workers' Compensation?
Workers’ compensation is designed to protect injured employees by providing medical expenses, lost wages, and rehabilitation services. The employer pays for this insurance policy that covers all work-related injuries or illnesses. It's essential to note that each state has its laws regarding workers' compensation. Therefore, it's best to contact an attorney specializing in this area if you're unsure of your rights under your state's law.
What Are Your Legal Rights?
You have several legal rights as an employee who has been injured on the job. First and foremost, you have the right to file a claim for workers’ compensation benefits promptly with your employer or their insurance provider. Secondly, you can receive medical care for your injury without any cost or limitation from your employer’s chosen physician or hospital.
Suppose you were injured due to another person’s negligence (e.g., faulty equipment). In that case, you may also be entitled to file a personal injury lawsuit against the responsible party - outside of workers’ comp – even if it was one of your co-workers.
How Can You Prove That You Were Injured At Work?
It's crucial to report any injury sustained while working immediately because failure to do so may lead employers or insurance companies to deny your workers’ compensation claim. You can report an injury immediately by telling your supervisor or employer and completing the necessary paperwork.
You may also want to consider taking photographs of the scene where the accident happened, documenting what caused the injury, and getting witness statements from co-workers who saw what happened. These documents can support your case that you were injured at work.
What Benefits Can You Expect?
The benefits you are entitled to depend on your state law and vary based on the extent of your injury. Typically, benefits include medical expenses, temporary disability payments (if you are unable to work), permanent disability payments (if you have a long-term injury), and death benefits (if an employee dies due to a job-related incident). It's important to note that most states require employers to carry workers' compensation insurance, so you should be covered regardless of whether or not it was your fault.
Workers’ Compensation Attorney in California
If you've experienced a workplace injury in Santa Barbara, CA, and are navigating the complexities of workers' compensation, Ghitterman, Ghitterman & Feld are here to help. Our experienced attorneys specialize in workers' compensation cases and are dedicated to ensuring you receive the benefits and protections you deserve. Contact us at (805) 243-2179, to schedule a consultation and take the first step towards securing your rights and your future.