Your Rights as the Injured Party: What You Need to Know

by • October 7, 2020 • Random NewsComments (0)329

Everyone needs to know what their rights are to be able to protect them. That way, should you get injured in an accident or develop an illness due to strenuous or stressful activity, you should be well-versed in your legal rights to protect yourself. You need to know what to do if you are injured at work and whether you are eligible to claim compensation for your predicament. You should also know what to do if you have a work-related injury, and your employer is not abiding by the law by pressuring you, threatening you, or attempting to silence your claims. Furthermore, you should know what questions to ask to ensure you can state your case and get the best possible outcome. On that note, read on to learn your rights as the injured party.

When You’re Injured on the Job

Employers are required by law to provide their employees with a safe and healthy work environment. Should an accident occur, you must first report it to your employer. You should also determine the cause of the injury: It might be malfunctioning equipment that injured you due to negligence on your employer’s part, strenuous activity on the job, or a hectic atmosphere. In any case, find out if you are eligible for workers’ compensation. Depending on the severity of the injury, you might need financial aid for your expenses and medical bills. You might also need time off to recover, which means you won’t be able to work for a living. You should receive whatever necessities you need to get by and maintain the lifestyle to which you are accustomed.

It is important to note that not all work-related injuries deserve compensation. You have to evaluate your specific case. You will also need to contact an injury lawyer to find out who is liable for your accident and receive proper guidance. Whatever your case may be, contacting an attorney should be one of the first things you do to learn your rights and get proper advice on how to proceed. 

Make sure your attorney knows all the circumstances; don’t leave out any details. This includes whether or not your employer gave you the prerequisite training with the machinery and if you were instructed on all the safety guides, exits, accident management protocols, hazard avoidance, etc. Does your employer ensure the reduction of all possible risks before exposing employees to such an environment?

When the Other Party is Not Your Employer

If your injury was caused on the job by the negligence of a third party, it is important to know what to do in that case. This could mean an injury caused by a driver or delivery truck, etc. If this is the case, you must first report the incident. You might be able to bring a claim against the person or entity. These claims will not be filed under workers’ compensation, but instead, take the form of civil lawsuits. It goes without saying that this will require an attorney who handles catastrophic injury claims. 

In fact, the more severe the injury, the more help you’ll need. For instance, severe injuries from car, bicycle, or truck accidents need the best legal team to obtain the highest possible recoveries. That is why the Houston, Texas-based injury lawyers at AttorneyGuss.com explain the importance of hiring an attorney with plenty of experience handling injury claims. They should also have the tenacity to seek justice and remain supportive throughout the process.

Protect Your Rights

Your rights in the workplace are the same whether you’re suffering is mental or physical. This means that whether your work environment has led to a mental condition, such as post-traumatic stress syndrome (PTSD), or strenuous activity has resulted in back pain or carpal tunnel syndrome, you are granted the same legal rights to protect yourself. 

It doesn’t matter whether you work in an office, a construction site, in private care, or as a temp; there are a few key rights to which you are entitled:

  • Seek medical treatment and be reimbursed for the costs. 
  • Record the details of the injury that your employer cannot interfere with.
  • Take time off for recovery and receive payment for the required leave.
  • Attend medical appointments as an outpatient when you return to work.
  • Remove yourself from situations that cause you stress or strain your injuries.
  • Claim compensation. 

Whatever the damage, you must know what your rights are and fight for justice. It’s always best to consult an attorney to ensure you don’t miss any vital steps that must be taken to provide you with the best-case scenario. If you are receiving any push back from an employer or third party, learn your legal rights, and seek guidance from work or personal injury lawyers.

Photo by Tingey Injury Law Firm on Unsplash

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