Workplace Accident Guide for Employees
The Rights of Workers Who are Injured on the Job
In 1970, the Occupational Safety and Health Administration was formed within the United States Department of Labor. It's goal is to outline safety procedures, reduce hazards in the workplace, and outline new programs geared toward decreasing the number and frequency of accidents at work.
Increases in industrial injuries in Wisconsin, Wyoming and Pennsylvania as well as in the construction industry, in particular, have drawn more attention to safety in the workplace and workers' compensation rights.
An Employee's Rights to a Safe Work Environment
Under the Occupational Safety and Health Act, employees are given several rights that ensure they are working in a nonhazardous environment and are fairly compensated should a workplace injury occur:
- Employees can review safety manuals, appropriate standards, workplace rules and regulations concerning on-the-job safety and other requirements. These should be readily available from employers.
- If they believe dangerous or otherwise substandard safety conditions exist at work, employees can request that a OSHA field officer examine the potentials hazards with an employee representative.
- Employees are given the express right to access relevant employee exposure and medical records.
- Upon request, workers do not have to disclose their names when they sign and file a written safety complaint against their employers.
- Employers are not allowed to retaliate against employees for bringing a potentially hazardous situation to light.
Workplace Accident Compensation Claim
Sometimes employees have an accident at work despite an employer's best efforts to promote safety on the job. When this happens, employees must file work accident claims under worker's compensation to be compensated for their workplace injury.
The exact forms necessary to file work accident claims will vary by state. To begin the process, notify the employer immediately. He or she usually will have forms available, but they can also be obtained from the state workers' compensation agency.
After an employer submits the paperwork, an insurance company will pay for medical bills and lost wages. If the employer contests the workers' compensation request, a hearing is scheduled, and the nature and cause of the injury is presented. Some workers choose to hire personal injury lawyers to help them present their best case. After a decision has been rendered, each party can appeal.
Workers' Compensation Procedures
Compensation for a work-related injury or illness is paid in fixed weekly installments based on the employee's base salary. This amount generally falls between 50 to 66% of his or her salary based on the state in which the claim is filed. Employees receive wage compensation until they can return to work, and are covered for all medical expenses as well as some physical and occupational rehabilitation.
When a permanent injury or disability results from an accident at work, employees can receive compensation for the permanent nature of their personal injury. This can be determined by a schedule that will outline specific injuries and what dollar amounts are correlated to them, or as a percentage of weekly pay.
Injured at Work and Armed With Knowledge
By knowing what rights an injured worker has and the procedures for workplace accident compensation, the claims process can flow smoothly and speedily in the hopes of an even speedier recovery.
Related article:
Workplace Accident Guide for Employers
Source:
Workplace Injury
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