It is the primary responsibility of the employer to provide a safe work environment for their employees. Timely identification of loopholes and arranging for its repair at the earliest is a proactive measure. They should strictly adhere to the government industrial and commercial safety regulations and standards. Even if all care is taken, there is always a chance of an accident taking place. In case of any such occurrence, the employer should provide the best medical assistance and related workers compensation to avoid facing any legal complications. At the same time, the employee should also know their rights under the agreement in case of any such occurrence. To explore various legal options depending on their situation, they can use online portals like www.theadvocate.com for guidance.
As per the general employment guidelines, certain rights of an employee include:
· Right to file a claim in the worker’s compensation court or local industrial court.
· Right to get the medical assistance immediately
· Post recovery, you have right to return to your job
· In case of inability to join back due to a disability caused, you may have right to claim disability compensation.
· If you are not satisfied with the settlements offered by the employer or insurance companies, you can contest it in court
· You have a right to hire a lawyer to represent you in the complete procedure
To avail all the above rights, there are a few steps to be taken after the occurrence of the accident:
· The first thing to do is to report the incident immediately to the employer. Various states have defined timelines within which the information should be communicated. If the case is not reported in a timely manner, the employer can deny medical aid and you will not be able to prove them negligent because they were not informed in the first place.
· If possible, do the reporting in writing and in the presence of a witness. A coworker can prove to be a reliable witness to strengthen your case against the employer if the accident occurred due to the negligence of the employer.
· Check your employment agreement for the provisions of any sickness and accident compensation pay.
· In case the compensation offered by the employer or insurance company is not satisfactory, you can appeal your case in the industrial court. It is always advisable to hire a personal injury lawyer because there are many legal complexities which need to be handled once your claim is in the court. Since your employer and insurance companies will likely hire a strong legal representation, you will need to have a sound legal expert on your side to win the case.
Usually, in case of such occurrence, your employer can encourage you to use your health insurance to meet the medical costs, though you have full rights to refuse doing that. Any undue pressure caused or harassment caused by your employer after you file the claim is considered a legal offence and can attract severe penalties. Make sure you gather strong evidence to win your case in court.