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Are You Entitled to Compensation? Understanding Employee’s Rights

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In 2019, private industry workers incurred almost 3 million injuries or illnesses at work.

If you’re involved in a workplace accident, then you may be entitled to compensation.

If you want to know whether you’re entitled to compensation then you need to know your rights.

Read on as we look at what rights you have as an employee.

What Workers Rights Do You Have?

As an employee, you have a number of rights.

These include:

  • The right to equal pay for equal work
  • The right not to be harassed or discriminated against
  • The right to report discrimination without retaliation
  • The right to reasonable accommodations for a medical condition or religious belief

In addition to these rights, you are also entitled to protection against loss of income and medical costs because of work-related illness or injury.

Workers Compensation Rights

Workers’ compensation laws vary from state to state. The basic principles are the same across the board, however.

Types of Injuries

There are four main types of injuries that are eligible for workers’ comp.

  • Physical injuries on the job including repetitive motion injuries, exposure to toxins, or hearing loss due to excessive noise
  • Aggravation of pre-existing injuries at work, such as a back problem made worse by work practices
  • Injuries that occur during breaks or lunch hours or at work-sponsored events such as a company team-building day
  • Injuries caused by mental or physical strain from work-related stress or increased work duties

You may not be eligible if any of the following are true:

  • Injuries suffered while not on the job
  • Injuries suffered while committing a crime
  • Injuries suffered while violating company policy
  • Injuries suffered under the influence of drugs or alcohol
  • Self-inflicted injuries

If your injury fits all of these criteria then you may be eligible for compensation.

Types of Illnesses

You could also be entitled to workers’ compensation if you suffer from an illness that is work-related.

If your illness is due to exposure to toxins at work, then you are eligible to claim. As with injuries, this exposure must have been during normal working conditions and must not be self-inflicted.

Third-Party Claims

There may be circumstances where you can make a claim for compensation, but not against your employer.

This is the case if a third party is to blame for your illness or injury. For example, if a piece of machinery malfunctions and causes your injury, and the malfunction was due to a fault with the machine rather than how it was used, then it’s possible to claim compensation from that third party rather than your employer.

Are You Entitled to Compensation?

If you think that you’re entitled to compensation then you should contact a workers’ compensation lawyer as soon as possible. They will be able to accurately examine your case and determine whether you are entitled to compensation or not. If you’re planning on making a claim, then we wish you the best of luck.

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