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Knowing your legal rights after an injury at work is important so you can receive proper care and compensation. Here's a brief overview from a workplace injury lawyer about your rights.
Right to a Safe Workplace
All employees have the right to safety in their workplace, meaning that employers are obligated by law to provide a safe working environment. This means maintaining equipment and providing adequate training and following safety regulations.
You have the right to report unsafe conditions to the Occupational Safety and Health Administration (OSHA) and should not ever face retaliation for doing so.
Right to Report the Injury
When you are injured in the workplace, you have the right to report your injury, and according to Texas law, you must report it to your employer, or you may be ineligible for workers' compensation benefits.
The injury should be reported within 30 days of the incident or within 30 days of the date that you became aware of the injury. Again, you have the right to do this without fear of retaliation from your employer for having brought it up. If you are experiencing retaliation, talk to your attorney immediately.
Right to Medical Treatment
You have the right to receive medical treatment for your workplace injury, whether it's immediate emergency care, ongoing treatment, or both. In most cases, your employer's private or workers' compensation insurance will cover the medical expenses, so don't be afraid to do what is needed to restore yourself to full health.
Right to Workers' Compensation Benefits
If you are injured at your place of work, you have the right to workers' compensation benefits, unless your employer is legally allowed to opt out. Workers' compensation is a type of insurance that provides benefits to employees who are injured on the job. This coverage typically includes medical expenses, rehabilitation costs, and a portion of lost wages.
In some cases, workers' compensation benefits may also cover long-term disability if the injury results in permanent impairment. It's important to be aware that accepting workers' compensation benefits usually means you cannot sue your employer for the injury except in cases of gross negligence or intentional harm.
Right to Return to Work
After recovering from a workplace injury, you have the right to return to your previous position if you are medically able. If you cannot perform your previous duties due to the injury, your employer may be required to provide reasonable accommodations or offer you a different role that matches your abilities. If your employer fails to make accommodations for your safe return, you may have grounds for legal action.
Right to Legal Representation
You have the right to seek legal representation to help you throughout the process of filing a claim and represent you in disputes or in litigation. It may be wise to look for an attorney to assist you if you believe your claim was unfairly denied or if you need to explore other legal options. For more information, visit this page .
Right to Be Protected from Retaliation
It is illegal for your employer to retaliate against you for reporting a workplace injury or filing a workers' compensation claim.
If you experience any form of retaliation, talk to your attorney so you can begin the process of filing a complaint.
If you ever find yourself injured at work, don't hesitate to seek medical attention, report the incident, and consult with a legal professional to protect your rights.
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