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If you have been injured at work, a Charlotte injury attorney may be able to assist you. You must know what your legal rights are. You should also know that you have a right to file a workers’ compensation claim for your injuries. Employers are required to make sure their employees are in a safe and healthy work environment. However, some employers don’t always live up to this duty and accidents can result. If you have suffered a personal injury while at work, you should familiarize yourself with your rights.
Protecting Your Rights
The easiest way to protect your legal rights if you have been injured at work is to report it to your employer. You may only have a certain amount of time to report the incident, whether it be the same day or a few days following. Sometimes it may not always be possible to follow these guidelines, so this is why it is imperative that you report it right away.
You will then be able to file a workers’ compensation claim in your state after you report it to your employer. Your employer, the employer’s insurance company, and the court will all receive formal notice of your injury and claim. Once the claim is filed, protections will automatically be put into place for you.
What are my rights?
Since laws vary widely from state to state regarding workers’ compensation, legal procedures will differ as well. There are many legal rights that you should be familiar with including:
- Your right to pursue medical attention
- Your right to file a workers’ compensation claim
- Your right to return to your job if you have been released by your doctor
- Your right to disability compensation if you are unable to return to work due to your illness because you were injured at work
- Your right to appeal a decision if you disagree with a decision made by your employer or their insurance company
- Your right to have a lawyer represent you throughout the process
You should also know that you have the right to say “no” if your employer encourages you to use your own health insurance to pay for your medical expenses. You can refuse certain offers or requests. Every state has laws that consist of being able to file a workers’ compensation claim without fear of reprisal from your employer. This is why accident attorneys in Charlotte NC and other states are ready to assist you, so you don’t have to go through the process alone.
Your Rights Against Other Parties
Maybe you are dealing with an injury that was caused by the negligence of a third party. This third party may be a manufacturer of a defective part or a designer, or some other person depending on the circumstances. If you suffer an injury due to their negligence, you have the right to file a claim against that third party. These are considered “third-party claims.” They are normally not filed in the same universe as workers’ compensation claims are, but they will appear as civil lawsuits and be filed in federal or state courts.
Civil lawsuits for work-related injuries can also go after additional personal injury damages that are not included in workers’ comp claims. For example, pain and suffering compensation is generally not included in workers’ comp claims, but they are included in third-party claims.
