A workplace accident can occur anytime, irrespective of the level of safety measures put in place within a company environment. The accident can result from the company’s negligence to put in place some instruction on restricted areas, or natural occurrence that is likely to happen due to the nature of the job. For instance, those working in the construction site or industrial field are usually exposed to workplace accidents due to what the job entails. So, if a workplace accident occurs, what are the procedures that an employee needs to follow to get compensated? Read along to find out how.
A workplace accident is not restricted to an injury suffered within the company’s vicinity. To qualify for workplace injury compensation, you must be able to prove that you sustained the injury in the process of carrying out your contractual obligation. It implies that while you are not within the business vicinity but still carrying out a task on behalf of the company and you suffered an injury in the process, you can press for your damage. However, you must report the case to the appropriate authority within a reasonable time frame.
As part of the procedure of pressing for your compensation for workplace injury, always make provision for hiring an attorney. You can not afford to rely on insurance agents because they are trained to ensure that your compensation claim is reduced compared to the actual value. The reliable team from Adamson & Cleveland Attorneys pointed out that you can be confident of getting your appropriate compensation if you have an attorney that specializes in workplace compensation as your adviser. In addition, your attorney will assist you in filing all necessary forms appropriately and represent you if the matter gets to court, maybe due to disagreement with the insurance company or employer.
The following are important areas you must consider before assigning your workplace injury compensation to an attorney or legal firm:
The due process is to write to your employee in explicit detail the circumstance surrounding the injury. However, an oral report can also be admitted, but your employee policy on an injury claim is paramount. In North Carolina labor law, employees are expected to use form 18 to fill in for compensation related to workplace injury. The essence of the form is to allow the employee to expressly state the harm suffered as soon as the injury takes place.
An employee is expected to keep a copy of form 18 to the employer for record purposes. The employer will fill form 19, which serves as the first report of injury from the employer. But if you don’t understand the procedure due to legal technicalities, you should hire an attorney to help you out.
Laws regulating work-related injury differ based on states and countries. In North Carolina, for instance, employees who suffered from workplace-related injury are entitled to some out-of-work benefits and out-of-pocket medical expenses. In addition, the state’s laws stipulate that an employee is entitled to weekly replacement payment from the employee compensation insurance company provided the worker is out of work for seven days.
If the employee is out of work for 21 days, the employee is entitled to a replacement benefit for the first seven days’ absence from work. This payment is known as the waiting period. Also, the employee is entitled to the mileage on medical expenses that are necessary over twenty miles trip. In addition, the employer is obligated to pay the injured worker any out-of-pocket expenses expended in medical treatment related to the injury suffered while carrying a contractual obligation on behalf of the employer.
A workplace injury is detrimental to both employer and employee to a large extent. It means a shortage of staff, increase in running costs resulting from compensation payable to the employee. While the employee also experiences adverse psychological effects for staying at home, spending time in the clinic, and other medical expenses. In order to ensure that employees don’t bear the burden alone, states have laws guiding the process of making claims on workplace injury.
Suppose an employee does not understand the process of pursuing workplace injury claims. In that case, it is advisable to engage an attorney that specializes in workplace injury claims to avoid being underpaid due compensation.