Will I Get Fired If I Get Hurt at Work?

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Whether a workplace is an office, a warehouse, or the scaffolding of a new skyscraper, employers are expected to make sure that their employees are safe. However, unfortunately, this doesn’t mean that workplace injuries don’t happen. If you have suffered an injury at work and then were let go soon after, it can feel like getting kicked when you’re down; not only do you have expensive medical bills, but losing a job means that your source of income to pay those bills is no longer available.

Speaking with a personal injury lawyer soon after your injury is a good first step in making sure your rights are protected. If you or a loved one were injured in a workplace incident and you are worried about losing your job, call the personal injury lawyers at Zinda Law Group today at (800) 863-5312 and schedule a meeting for your free case evaluation.

Employment law basics

In order to better understand the circumstances that you might find yourself in after you suffered an injury at work, it is important to understand a couple of fundamental concepts—employment law basics—that impact how the majority of workplace injury cases are handled.

At-will Employment

In all states except for Montana, employment relationships are presumed to be “at-will.” At-will employment means that an employer can fire an employee for basically any reason other than illegal ones without incurring any sort of legal liability; on the flip side, an employee can leave a job for any or no reason, and they will not be subject to adverse consequences. Though many states have instituted laws that protect workers from what can be a somewhat harsh scheme, the general, fundamental rule is that employers can typically fire employees for any reason.

Workers’ Compensation

Another concept to understand that affects workplace injury situations is workers’ compensation; the exact parameters of workers’ compensation programs vary from state to state, but the general aim is to mitigate the financial burdens that workers take on after they suffer a workplace injury. Some of the benefits that an injured employee might be eligible to receive include wage replacement, money for the cost of medical treatment, and the cost of ongoing rehabilitation programs to get back on your feet. Speaking with a work injury attorney in your area is the best way to understand these concepts and others, and more importantly, how they impact your case and potential for compensation.

Will i get fired?

As mentioned before, most states in America are at-will states, meaning that they can fire employees for any reasons except for those limited few that are legally protected. Depending on the laws of your state, your job may be protected for a matter of weeks or months after you sustain your injury, but ultimately, a workplace may be within their rights to let you go from your position if your injury is such that it prevents you from doing your job. Members of unions may have additional rights, so if you are a member of one, contacting your union representative is an effective way of finding out what they are.

One reason that an employer cannot fire an employee is for retaliation; for example, some workers may worry that if they file a claim for workers’ compensation, their employer might become angry with them and fire them as a result. However, employers in most states cannot legally retaliate against an employee simply because they filed for workers’ compensation. If you filed a workers’ compensation claim and were then fired soon after, a work accident lawyer can help you make sure that your rights are protected.

What to do if i got hurt at work?

The time following a workplace injury can be extremely stressful for varied reasons. One of the things that can help to ease this stress is to have some idea of what steps you should take after your incident occurred. While there is no way to give advice on your specific situation without knowing the details fully, the following few steps should be completed in the majority of cases.

1. Report the Incident

It is very important that you report the incident that caused your injury to your supervisor or the HR department of your workplace as soon as you possibly can. In some cases, employers or workers’ compensation insurance companies may deny an employee’s claim, and one of the main reasons that this happens is that the injury was not properly reported. Be specific in terms of when the incident happened and what the resultant injury was, but you do not need to share every single detail before speaking with a work injury lawyer.

2. Seek Medical Attention

Getting medical attention for your injuries soon after you sustain them is critical because certain injuries can become worse if left untreated for extended periods of time. Let the medical professionals whom you are seeing know that your injury is work-related, and request that they make a note of this in your file because claims can potentially be denied if a medical note does not mention that there was an accident in the workplace.

3. Keep All of Your Records

As you deal with all of the aftermath of a workplace injury, make sure to maintain records of everything that you do. This means keeping track of your lost wages and any out-of-pocket expenses that you incur as a result of your injuries; it also means making sure that you maintain copies of any medical records that you receive during visits to the doctor. When it comes to dealing with workplace injuries, the general rule is that is far better to be overprepared than underprepared.

4. Speak to a Work Injury Lawyer

While the outlined steps may seem relatively simple, it is critical that you seek the advice of experienced workplace injury lawyers in order to get a solid understanding of how the laws in your state apply to your unique situation. In addition, a work injury lawyer can work on your behalf, fighting for the maximum compensation that you are entitled to by crafting effective and persuasive arguments at every step along the way.

Workplace injury faqs

It is not possible to get all of your specific questions answered here, without consulting with a work injury lawyer who is familiar with the unique laws of your state. Nevertheless, there are some questions that come up in the majority of cases that can give you a good starting point when deciding how to handle your case moving forward.

How Much is My Case Worth?

Once the medical bills and other expenses start to pile up, many accident victims begin to wonder what their case could potentially be worth in terms of financial compensation. This question requires discussion with an experienced attorney, but generally speaking, compensation will come from one of two categories: economic damages and non-economic damages.

Economic damages are damages paid out as compensation for tangible, objectively verifiable losses sustained because of an injury. Non-economic damages, on the other hand, are damages that are paid out as compensation for the pain and suffering experienced by an accident victim. There could also be compensation available through punitive damages, which are potentially available in cases where the person who caused your injuries acted in a particularly reckless or purposeful way.

Does My Employer Carry Workers’ Compensation Insurance?

This question will depend mainly on the laws of your specific state and who your employer is. Addressing a supervisor or the HR department at your workplace is a good place to start to determine whether workers’ compensation insurance is something that is available. After that, speaking with an experienced attorney in your area is a good way to determine what your options are in light of the coverage or lack of coverage provided by your employer.

How Much Does It Cost to Hire an Attorney?

When people start to wonder about the cost of hiring an attorney, they usually ask for recommendations from friends or search online, beginning with search terms such as “inexpensive attorneys” or “personal injury lawyers near me.” They probably think about stuffy offices and astronomically high hourly fees.

While that may be the case for certain law firms, the personal injury lawyers at Zinda Law Group operate on a structure that is designed to give as many people as possible the opportunity to hire qualified legal counsel. Our clients do not pay us anything unless we win their case, which means that there is no risk that you would be saddled with a high legal bill; if we represent your case, you will be asked to pay no fee unless we are successful.

Call zinda law group today at (800) 863-5312 for a 100% free consultation

After your workplace injury, it is important that you have the right team on your side. In a dispute with employers and insurance companies, it is easy to be take advantage of if you don’t have knowledge of how the field of personal injury law operates.

The workplace injury lawyers at Zinda Law Group have the experience necessary to help you through this challenging time and fight for your rights. In addition, you won’t pay us anything until we win your case for you. That’s our No Win, No Fee Guarantee.

Meetings with attorneys are available by appointment only.