The Bureau of Labor and Statistics estimates that United States companies reported 2.6 million nonfatal workplace injuries and illnesses, down 8.4% from the previous year. The data suggests that the US experienced 5,283 fatal work injuries in 2023, a slight decrease from 5,486 in 2022.
If you find yourself saying, “I got hurt at work, and they fired me,” you need to consult an attorney specializing in workers’ compensation to know your legal rights as an employee. Under US employment laws, workers are prohibited from being retaliated against when they report a workplace injury or submit a workers’ compensation claim.
If you were a victim of illegal dismissal, knowing your rights helps you take appropriate action to seek justice and protect your overall well-being.
This article will discuss the fundamental rights of employees, such as workers’ compensation benefits, protections against retaliation, and possible claims of wrongful termination.
Understanding Workers’ Compensation Laws
Knowing the law helps you secure the benefits of workers’ compensation. Workers’ compensation is a type of insurance that provides financial assistance to individuals who experienced workplace injuries that affected their capacity or ability to work. In most states, employees can use the money they receive from workers’ compensation to cover medical expenses, lost wages, and rehabilitation.
To file a claim, you must report the injury to your employer as soon as it occurs. Have a record of your injuries, treatments, medications, and employer communications.
You are entitled to contest a rejected workers’ compensation application by filing an appeal. Hire a lawyer to help you draft an appeal. Your lawyer will gather supporting documents, such as medical records, witness statements, and workplace reports, to substantiate your claims.
Employer Retaliation and Your Rights
Understanding your rights allows you to report workplace injuries and unsafe conditions without fear of retaliation from your employer. A Long Beach employment lawyer states that people who exercise their rights should not face termination, demotion, or discrimination for doing a legally compliant action.
If you think someone is trying to hurt you, keep copies of any letters, witnesses, or performance analysis that show your work history. These documents can help back up your claims in case of disputes in the future. Examining retaliation can help you understand how the company’s negative response to what occurred has changed since receiving an injury report.
A worker who has been punished for filing a complaint is protected by law, especially under federal Occupational Safety and Health Administration (OSHA) whistleblower rules. You are entitled to take all necessary action whenever you believe you are in danger at work.
Documenting Your Injury and Termination
Detailed documentation of your injury and how your employer handled it helps protect your employee rights.
Keep track of your medical bills, treatments, and consultations in an organized file complete with dates and times, photos, or letters. All records should be kept in a safe place for future use.
Your termination date, reason, and resignation must be recorded after being fired. If your employer has given you a written termination notice, make copies of the document and keep it in a secure place.
These documents will be useful if you ever want to make a claim or contest. Having solid proof contributes to a strong legal case and increases your chance of achieving a favorable outcome.
Seeking Legal Advice and Representation
If you are injured at work, you should prioritize having skilled legal representation on your side to protect yourself.
A lawyer will investigate your case and analyze trends to determine your rights and how to proceed. You need to choose an attorney who has extensive experience in handling workplace injuries and other similar cases of wrongful dismissal.
Your attorney will remind you of important deadlines and see to it that you file on time. Failing to meet the deadlines may result in the invalidation of your claim and hurt your case. Employment lawyers can assist you with gathering evidence and pursuing fair compensation on your behalf.
Clients should take advantage of free consultations provided by lawyers to properly evaluate their skills and determine whether they are qualified to be their legal representative.
Exploring Your Options for Compensation
Understand your compensation options if you’re injured at work.
Start by filing a workers’ compensation claim for medical bills and lost wages. If your employer retaliates against you or terminates your employment for applying for workers’ compensation, you have a valid wrongful dismissal claim.
Temporary or permanent disability benefits can compensate you for missed work as a result of your injury.
Don’t hesitate to consult an attorney for assistance and guidance on the entire claims process.
