Workplace accidents are unfortunate
because they can cause physical injuries and even leave you incapacitated. The
trauma can be further aggravated if you lose your job. Fortunately, workers’
compensation law comes to the rescue of people injured in the course of their
duty. Although this law empowers you to claim compensation if you get injured,
things may not be as great as they sound. There have been horror stories of the
employers becoming hostile towards workers after they claim compensation for
workplace accidents and injuries. This can lead to a traumatic experience,
leaving the injured person stressed and depressed.
What’s more, the employer may even
force the worker to resign just to save his business from paying the
compensation. So you can well imagine the kind of problems that you may face if
you claim compensation under this law. Scary as the situation may sound, you
need to understand your rights and the fact that the employer cannot make you
resign under any circumstances. The truth is that you can actually take legal
recourse to save yourself from the situation. Moreover, you can claim your
compensation without the fear of having to quit your job forcibly. Here are
some hard facts that you need to know in this context.
compensation law aims to protect the injured workers
Injuries on the job are common and
thousands of workers experience them every year. A worker who gets injured
often needs time to recuperate and may not be able to continue working
normally. To make things worse, some unscrupulous employers may even try
everything they can to get rid of employees suffering from workplace injuries. The intention behind
such actions is clear that they want to avoid paying them compensation. Also,
they would rather not retain a resource that is not fully capable of performing
their duties effectively anymore.
However, you need not worry if you
face such a situation because the worker’s compensation law is designed to
protect people who suffer from minor and major workplace injuries and
accidents. Beyond just ensuring that you get the compensation you rightfully
deserve for the injury, it also protects your employment even if you have to go
off work for some time. It is absolutely illegal for an employer to fire an
employee just because the person is injured due to a workplace accident.
compensation system is meant to prevent disputes
Essentially, the workers’
compensation system aims to prevent disputes between employers and injured
employees. The entire system is meant to “fix” a deal between the two parties,
whereby the employer would cover the cost of injuries of the employee if the
latter waives the right to sue for them. In simple words, there is a direct
arrangement between the employer and employee to prevent legal intervention.
But the worker will obviously take
legal action if the employer fails to pay up the compensation or fires or
terminates him after the injury. Conversely, the employer can dispute a claim
based on the facts related to the accident or injury and opinions regarding the
fairness of the compensation. It is to be noted that termination may be legally
permissible and possible if the employer is able to prove a fraudulent claim or
misrepresentation of the injury by the employee.
resignation is the same as a termination
When a worker gets injured, the
employer may want him to leave the organization. Rather than firing such a
worker directly, employers may force them to quit. They can actually state
their intentions explicitly to the worker or make their work-life so difficult
that resignation is the only alternative they have. The reason behind forcing
an employee to resign is that someone who leaves voluntarily does not have a
right to sue for wrongful termination.
This situation, where you may be
forced to quit under pressure, is referred to as constructive discharge.
However, you need not worry if you come across such a situation after a
workplace injury because the law protects you in this aspect as well. Experts
at Preszlerlaw-ns.com explain that forced
resignation is considered the same as a termination under the worker’s
compensation law. So even when you are forced to resign, you still have the
right to claim compensation and other benefits. Further, you can even file a
lawsuit for wrongful termination against your employer.
injury compensation lawyer can help
Getting involved in an accident at work
is stressful enough but being forced to quit can be devastating. In no
circumstances can your employer force you to do it against your will because
the law does not permit them. However, you may still have to face a boss who
would want to terminate your services rather than help you on humanitarian
grounds. You should make every effort to get what you deserve and the law is on
But this is possible only if you have
a reliable and knowledgeable legal representation to ensure that you get justice.
A specialist workplace injury compensation lawyer is the best person to
help. They can try to negotiate a settlement with the employer in the first
place while ensuring that you get the rightful compensation and do not lose
your job as well. If the employer is still not willing to come to a settlement,
a lawyer can help you file a case and fight it to the end.
Now that you understand how workplace
injury law works, you can ensure the protection of your rights. Remember that
your employer does not have a right to fire you or force you to leave for just
avoiding giving you the compensation you deserve. The best move is to have an
expert lawyer handling the case on your behalf. Look for someone who
specializes in this field of law and has a prominent track record as well. The
first preference should be to work out a feasible settlement with the employer
because a lawsuit can be a hassle. However, you should absolutely file a case
if you face a wrongful terminal after a workplace injury.