Your Rights Regarding a Workplace Accident

Your Rights Regarding a Workplace Accident

Have you been injured in your workplace? Do you know your rights? Accidents can happen anywhere, even in the seemingly safest of environments like our workplaces. When faced with an unfortunate incident on the job, it’s crucial to be aware of your rights to ensure you receive the proper support and compensation.


All Employers are Required to Carry Worker’s Compensation Insurance

Employers are required to report workplace accidents to the appropriate government agency, such as the Occupational Safety and Health Administration (OSHA) in the United States. Accurate documentation of the incident, including the details of the accident and any injuries sustained, must be maintained.

Also, Employers are generally obligated to carry workers’ compensation insurance, providing compensation to employees who suffer work-related injuries or illnesses. They must inform employees about their rights to file workers’ compensation claims and assist them in the process if necessary. This includes providing the necessary forms and information to initiate a claim. If they don’t carry workers’ compensation insurance, they must have an amount of money set aside to pay for claims.


3 Core Employee Rights After a Work Accident


Right to Receive Treatment

After an injury at work, DO NOT hesitate to get treatment! This is something you are owed, and it is your right to receive it. Also, unlike going through health insurance, YOU can choose the provider you want to cure or alleviate your work-related injury. This gives you a variety of options for getting back to a healthy version of yourself and is something to take advantage of.


Right to a Consistent Wage

It’s not your fault you were injured at your workplace, so why should you be penalized for it? The Illinois Workers’ Compensation Commission says you should retain a wage of two-thirds or 66% of what you made before. These are called temporary total disability benefits (TTD) and are only applicable if a doctor tells you there are risks with your continued work or your injury creates restrictions that your employer cannot accommodate.


Right to Compensation

You have a right to receive compensation for the injustice that has occurred. However, there are criteria for doing so. You can demand compensation for the permanent effects of your injury based on the 5 statutory factors and the schedule of injuries in the Workers’ Compensation Act.


3 Employer Obligations After an Injury in the Workplace


Obligation to Pay for Medical Treatment

The employer is required to pay for all medical care necessary to get the injury victim and employee back on their feet. While this is required to be within reasonable healthcare standards, it is until the victim is cured or relieved from the effects of the injury.


Obligation to Continue to Pay for Benefits

As mentioned before, employers must continue to pay for benefits if the employee cannot work due to a work injury. This may include temporary total disability, medical expenses, permanent partial disability, wage differential, or permanent total disability.


Settlements for Permanent Injuries

When a permanent injury occurs, employees have the option to file a lawsuit and give the employer an opportunity to settle. That is, give the employee a “lump sum” to pay for the side effects the permanent disability will cause throughout their life.


Making a Workers Compensation Claim


Being injured at work can result in much more than just losing salary. A workplace injury could cause you a lifetime of pain or suffering. If you would like to receive compensation for your workplace injury caused by your employer’s negligence, you should contact an experienced workplace injury attorney as soon as possible. You have every right to claim compensation and not be punished by your employer. Accidents often happen at work, but that does not automatically make everyone eligible for a worker’s compensation claim. The best way to determine if you qualify is to speak with a reliable workers’ compensation attorney.


We can help you. Here at Galanti, Patti, & Winterscheidt, P.C., we will guide you through your worker’s compensation claim so you can put all your effort towards your recovery. Our team will take the time to understand your needs, evaluate your case, and fight for your future. Our respected Illinois law firm focuses on cases like yours. To schedule your initial consultation, please call us or fill out our contact form today.