You can live with injuries but get fired anyway
OSHA reported that every year, more than 4.1 million workers suffer a serious job-related injury or illness. Around five thousand of those injuries are fatal. These injuries can vary widely, depending on the workplace. Common workplace injuries are:
- Slips, trips, and falls
- Muscle strains
- Hit by falling objects
- Repetitive strain injury
- Crashes and collisions
- Cuts and lacerations
- Inhaling toxic fumes
- Exposure to loud noise
- Walking into objects
It is crucial to take the steps and protect yourself from an injury.
- Slip and falls being the most common type of injury. It is always good to have proper footwear, keep a clutter-free work area, adequate lighting, and clean up any spills as soon as possible.
- When operating machinery, make sure to use protective guards even if you an experienced operator. Do not wear loose clothing that can get caught in the machine. Do routine maintenance of the machine to ensure it works properly.
- Overexertion and repetitive stress injuries are very common. Make sure to have proper lifting techniques, and don’t lift over 50 pounds. If the job is repetitive such as an assembly line or constant typing and clicking, Take short breaks to give your body the rest it needs.
What to do after an injury
When you are injured at work, it is very important to take the right steps to ensure you get everything you need and deserve.
- Notify your employer right away (California Law requires you to report within 30 days)
- Get medical treatment for your injures (Keep a record of any paperwork)
- Submit a claim form for workers compensation
- Follow up with your primary care physician
Some employers might not take an injury seriously or might try to get out of having to pay you. It is very crucial to have an experienced attorney on your side to ensure you get compensated for your injuries.
Legal protection when you file for an injury
Most states have laws that make it illegal to fire an employee entirely because they have suffered a workplace injury and filed a workers’ compensation. However, if the injury makes the employee unable to complete essential job responsibilities they could be fired.
The Americans with Disabilities Act (ADA) requires that an employer make reasonable accommodations before firing an employee. For example, the employer might have to create a modified work schedule, provide specific equipment, or restructure the job to meet the worker’s needs.
Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of leave in 12 months for family and medical reasons. If you are fired while on disability leave, you may have a claim for wrongful termination. If other actions are taken against you, such as demotion, reducing your pay, or changing your position, you may claim disability discrimination.
Illegal immigrants filing for workers compensation
There are millions of undocumented workers in the American workforce. Compensation is a right they deserve. In most states, your workers’ comp claim also cannot be denied if you are an illegal immigrant. All workers have the right to workers’ compensation when they have been injured.
The employer might threaten the injured employee that if they file, they might get deported. This is not entirely true. Although there is always a risk, undocumented workers’ compensation claims are mostly processed without any problems. Additionally, the employer might have more to lose if they knowingly hired an undocumented worker.
Depending on the injury’s extent, it is often worth the risk to file for workers’ compensation. If you are severely injured or disabled you can still receive monthly benefits regardless of the country you reside in. If undocumented immigrants can no longer work, it is often better to collect monthly payments and risk deportation.
whether you are a documented or undocumented immigrant working in America, it is essential to get a lawyer to help you file for workers’ compensation. The lawyer can go over all the risks and the chances of winning with you before you make any decisions.
Contacting an attorney
Many people think that hiring an attorney is expensive, but that is not true. A personal injury or accident case doesn’t cost you anything initially. These types of cases are usually on contingency bases. The American Bar Association explains that “In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer’s fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money, but you will not be required to pay your attorney for the work done on the case.”
In simple terms, what this means is that you only pay if you win. Don’t be scared to get a lawyer. Many people are worried about how expensive an attorney is. In reality, you don’t pay until you win the case. When you call in, we will gather your information and have one of our trusted and experienced attorneys contact you. At this point, the attorney will go over what has happened, discuss your options, and start your claim. The attorney will also walk you through getting additional medical help, and negotiate with your employer the insurance companies to get you the compensation you deserve! Contact us right away after an injury, so one of our attorneys can help you through your difficult times!
In the unfortunate event of an accident or injury, you will need an attorney who has experience with work-related injury cases. Our network of attorneys have years of experience and a long list of successful cases. Well, fight for you day and night to get you the medical help you need and the compensation you deserve.
Contact us to have your case heard and evaluated. One of our trusted attorneys will be able to help you get the compensation you deserve. CALL US ANYTIME (281) 475-4535 or fill out a consultation form here to start the process.