In a world where the average person spends more hours at work than at home, it’s no surprise that some of the most serious and persistent ailments come from inside the office. Unfortunately, many don’t know their rights to compensation for these injuries. Below is how to get compensation for health problems caused at work.
1. Talk to Your Employer
Start talking to your employer, who might not even know you’re injured. If you’ve already gotten fired, contact a lawyer immediately. If your employer is smarter than that, you could go through the Workers’ Compensation Board of California. But remember that this is a civil matter, not a criminal one. If the employer won your case, you wouldn’t be able to sue them unless they committed some further egregious act.
2. File a Claim
If Workers’ Compensation does not cover you, and you get injured on the job, you have some rights. You can file a claim with the California Labor Commissioner’s Office against your employer. Claims get filed online, and the process is simple. You don’t have to prove that your employer was at fault; all you have to do is show that their negligence or carelessness caused your injury.
3. Create a Case for Compensation
This is a civil matter, not criminal, because you don’t want to sue one another. You might be able to get compensation, but an arbitrator rather than the courts will award it. To benefit from a claim, you must prove that your employer’s negligence caused your injury.
4. Get Witnesses
The more witnesses you have who can testify about what happened and what needs to change, the better your chance of getting compensated when it’s all over. Also, don’t forget to keep accurate records of expenses, both for your injury and the case.
5. Find a Lawyer
If you have a civil claim, it’s best to represent yourself in court. But if taking on your employer is much for you, consider hiring an attorney to help you through the process. Your claim deserves a competent defense.
6. Be Sure It Was Your Employer’s Fault
Let’s say you got fired for cause. If you can show that your employer was careless, there’s a chance you can get compensation. In other words, they might be liable if they were on notice of the problem or shouldn’t have done what they were doing in the first place.
7. Be Careful Where You Spend Your Time
Workplace injuries aren’t limited to working hours. Many of these conditions present themselves in your off time as well. If the issue happened in your job, you can file a complaint and get compensated.
8. Ask for Changes
If your injury caused a disability or lung injury, the company should use the garlock sealing asbestos to protect other employees in the workplace which will make it possible for them to continue to work. If you cannot work because of your injury, talk about what accommodations can get made to make a different position available. Consider how much time you’ll need before you’re ready to return.
9. Fight for Fair Compensation
The average Californian has little faith in their government to provide them with adequate protection against workplace injuries. They’re likely right to feel that way; investigations into workplace injuries in California are notoriously slow, at best. Many, unable to wait for reimbursement, lose all the income they could have gained.
10. Stay on Top of Your Claim
This is a civil matter, not a criminal one. You don’t want to sue your employer; you want compensation for your injury. If you win your case, they will likely appeal the decision. Be careful if you’re working through an intermediary.
11. Know Your Rights
Although there are many job-related health problems, there are few regulations meant to protect workers from them. You can try to prevent these issues by taking certain precautions. Take a look at what unions have been able to do for workers, and keep yourself aware of the dangers in your environment.
12. Don’t Ignore Your Claim
The longer you wait after sustaining an injury, the harder it will be to get compensated. You have all these little cases piling up inside your head and it can be hard to keep them straight.
It’s important to be aware of your workplace rights. Doing so can help you get compensated if you get injured on the job. If you’ve lost a lot of income due to the injury, don’t wait long to file your claim.
