In a working environment, especially in heavy industries, accidents are inevitable despite the wide implementation of security and safety protocols. Some of these accidents are non-life-threatening while someimpose great risks like death. Regardless of the degree of its fatality, the damages still exist which negatively impact the property and the involved people resulting incompensatory and punitive damages. The question is: do all injured personnel eligible to receive just compensation from the company?
4 Basic Eligibility Requirements for Worker’s Compensation Every injured or ill personnel is entitled to receive a worker’s compensation particularly if the incident occurred during workhours. When entering a company’s workforce, an employee is covered by workers’ compensation insurance in exchange for giving up his/her right to file a lawsuit against the employer for damages, especially when there is proven negligence on their behalf. A company offers this kind of agreement to avoid large-scale damage due to negligence-related lawsuits. To receive worker’s compensation benefits, the following 4 basic eligibility requirements must be met:
- You must be an employee.
- You must have incurred a work-related injury or illness.
- The employer has workers’ compensation insurance.
- You must file an immediate incident report to your employer and workers’ compensation claim afterward.
Note that even if you meet the first three qualifications, the failure in complyingwith the last requirement could disqualify you from claiming your workers’ compensation benefits.
The Essence of Incident Report in a Workplace
Filing an incident report is part of the company’s safety protocol in safeguarding the welfare of its employees. Its sole purpose is to record the incident in a detailed manner to identify the hazards and take preventive measures for it.The essence of a real-time and well-written incident report is that can be used in an investigation regarding negligence cases in which it could serve as substantial evidence.
Consult a Personal Injury Lawyer
If you have felt wronged by your employer and you do not know how to exercise your rights, availing service from a renowned personal injury lawyerwith years of solid experience and has an in-depth knowledge of the laws can make your complaints heard in the civil court and bring any social injustices to light.Please do remember that the laws vary from state to state so it is better to seek help from legal professionals.
If you need toinquire about your case, you may consult The Law Offices of Edward J. Singer—a law firm that puts your best interest at heart in their service.