When an employee suffers an injury at work, he or she has the right to file a Workers’ Compensation claim to receive certain benefits including compensation for their medical bills and a portion of their lost wages. This is one of the advantages of being an employee rather than an independent contractor.
Many individuals are not fully aware of their rights regarding workplace injuries and Workers’ Compensation claims. Workers are advised to review their rights regularly and if they have questions about these rights, to discuss them with their supervisors or Human Resources departments. Below are four important rights that every employee has and should understand. When an employee suspects that their rights have been violated, they may file a claim to seek compensation for the damages that result from the violation.
Injury Victims Have the Right to File Workers’ Compensation Claims
The most basic part of Workers’ Compensation law is that injured employees have the right to file Workers’ Compensation claims if they are injured on the job, regardless of why the injury occurred. The issue of negligence is what separates Workers’ Compensation claims from personal injury claims. With a Workers’ Compensation claim, the claimant does not need to prove that their accident was the result of another party’s negligence.
Injured Workers Have the Right to Return to Work With a Physician’s Clearance
Injured workers should seek medical attention as soon as possible after a work accident. Injured workers in New Jersey must seek treatment by physicians associated with their Workers’ Compensation insurance providers. If the physician determines that the employee is able to return to work, he or she has the right to return to work. In some cases, a doctor will clear the worker to return to work in a limited capacity, which may involve performing less strenuous work than before or working part time until the injury has fully healed.
Disabled Workers Have the Right to Seek Disability Benefits
When a workplace accident leaves a worker permanently or temporarily disabled, the worker has the right to file a claim for disability compensation. A disabled worker can receive coverage through their employer’s disability insurance policy and if the disability forces them to leave work or exceed this coverage, they may file a claim to seek Social Security Disability (SSD) benefits. Eligibility for these benefits is determined by the individual’s disability and how long he or she worked before becoming disabled.
The Right to Work Without Fear of Retaliation
American employees also have the right to work without fear of retaliation, or poor treatment by an employer meant to punish them for exercising certain rights. Retaliation can manifest as termination, harassment in the workplace, demotion, or poor performance reviews. When an employee experiences retaliation from their employer, they may file a retaliation claim with the Equal Employment Opportunity Commission (EEOC), the federal agency that investigates cases of alleged workplace discrimination and enforces federal employment laws.
Cherry Hill Workers’ Compensation Lawyers at DiTomaso Law Help Injured Workers Pursue Compensation
To learn more, complete our online form or call 856-414-0010 to schedule a free consultation with an experienced Cherry Hill Workers’ Compensation lawyer at DiTomaso Law. We are located in Cherry Hill, New Jersey, and work with clients from Philadelphia and South Jersey.