What are the worker's rights after a work accident?

The common definition of an occupational accident is that it is a physical or mental bodily injury suffered by a worker caused or related to his work.

We must take into account that the bodily injury can be physical or mental, and that the accident must occur on the occasion or as a consequence of work (that is, not only in the workplace, but also related to it).

What cases are not considered occupational accidents?

There are occasions that cannot be considered as work accidents. These situations are as follows:

  • Accidents that are the consequence of a force majeure unrelated to work.
  • When the accident occurs with intent or reckless negligence of the worker. However, professional recklessness is considered a work accident.

Rights of the worker who has suffered a work accident

Following the correct procedures after the work accident is critical for preserving rights. Always file an accident report and do so as quickly as possible. The effects of certain injuries may not immediately appear and having a record of the accident is crucial.

  • Medical Attention

The worker will have the right to all necessary health care from treatment to operations or rehabilitation.

  • Workers’ Compensation Claim

In the event that medical leave occurs due to an occupational accident, the worker must receive compensation for temporary incapacity for work. Likewise, the worker may be entitled to other types of compensation depending on the specific case:

    - Compensation for permanent disability
    - Compensation for omission of security measures due to the responsibility of the employer.
    - In the event of the worker's death due to a work-related accident, the family members will be entitled to compensation.
    - Another type of compensation for work accidents established in the collective agreement in cases of incapacity for work. (*)

*We recommend that for more detailed information you consult the agreement according to the state/country in which you work.

  • Workers’ Rights

The specifics of Workers’ Compensation laws vary by state. In most states, workers’ rights include:

    - The right to file a Workers’ Compensation claim
    - The right to seek medical treatment
    - The right to return to the job after a doctor’s release
    - The right to legal representation
    - Disability compensation if unable to work, either temporarily or permanently

In addition, if the injured worker disagrees with a determination of the Workers’ Compensation court or insurance company, they have the right to appeal the decision.

  • Right to Refuse

Workers’ rights after an injury include the right to refuse certain requests from the employer. Por example, if an employer asks a worker to pay for treatment on their own health insurance policy, the worker has the right to say no.

In any case, we suggest that you contact a specialized labour lawyer that can provide you the best guidance according to your work situation.

To reduce the dangerousness at work, we stand by innovation and technology to help improve the preventive measures of each company and avoid any physical or mental occupational accident.

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