Commonly Asked Legal Questions About Accidents At Work
Injuries suffered at work due to accidents are common and may have emotional and physical effects on an individual. It is important for an employee to be aware of his/her rights after being involved in an accident at work. Some frequently asked questions on the subject are given below.
Q. Will an employee be allowed to go on a paid leave, if he/she sustains back injury after an accident at work and is diagnosed with arthritis?
The employee may be compensated after being on leave for 7 consecutive days under Temporary Total Disability (TTD) if a workers compensation is filed. However, if the employee has joined the company recently and is absent from work for seven days, he/she may not get any more sick leaves and would lose pay.
Workers Compensation may try to prove that the arthritis was pre-existing. However the employee may argue that even though the condition existed before the accident, it never showed any symptoms at work. To help fight the case with the insurer, the employee may have to hire a workers compensation attorney. According to the Family and Medical Leave Act (FMLA), the employee must be employed for 12 months and for a period of 1250 days within that period in order to get protection. Otherwise the employer can terminate the employee for being absent from work.
Q. What can an employee do if he/she is reimbursed for medical expenses after an accident at work and then fired in California?
An employer may have to pay all the money due to the employee up till his or her last day at work under the Federal Law. The employee may file a complaint with the Human Resource Department of the company if he/she is fired with medical reimbursement after an accident at work. If the employer does not pay the salary agreed upon, the employee may also make a wage claim with the department of labor.
Q. If an employee has undergone knee surgery 6 months before the accident at work and is given an impairment rating of 2%, what legal action can he/she take?
The employee may have to get the medical records checked by an independent medical examiner for assessment of his/her actual rate of disability. This will help in deciding the proper amount that could be claimed. If the employee has had a full recovery, without any disability before the accident, the doctor may evaluate the injury as a new one that is caused by the accident at work. But if there was disability even after the surgery, the doctor may have to determine the difference in the disability between the periods after the surgery to that after the accident.
Q. What can an at will employee do if he/she is dismissed after an accident at work?
At Will employment means that the employee can leave the job or the employer can terminate the employment at any time as long as the termination is not based on discrimination. An at will employee may file a claim for unemployment but may not have any legal right to continued employment.
Q. Can an employee file a claim under workers compensation if he/she had an accident at work and it is affecting him/her after 4 years?
In most states, the statute of limitations on the workers compensation claim varies from 1 to 3 years. A workers compensation attorney may be able to help the individual in determining whether the statute of limitations can be extended or suspended in his/her case. At times, the courts may waive the statue of limitations, depending on the employees condition and situation.
Q. Can an employer ask for an employees urine sample if he/she has been involved in an accident at work?
The employer may have the right to demand the employees urine sample especially if it is mentioned in the contract. The employer must be informed if the employee is taking prescription drugs. The employee may not be able to do anything if he/she fails to inform the employer about the prescription drugs and the test results are positive. The employee may be sued by the employer, if the employees use of drugs causes the accident.
Injuries suffered at work may have major emotional and physical effects on the individual. It may lead to further frustration if the employee is unaware of his/her rights in such a situation. He/she may ask employment lawyers if he/she has any questions regarding accidents at work.
Q. Will an employee be allowed to go on a paid leave, if he/she sustains back injury after an accident at work and is diagnosed with arthritis?
The employee may be compensated after being on leave for 7 consecutive days under Temporary Total Disability (TTD) if a workers compensation is filed. However, if the employee has joined the company recently and is absent from work for seven days, he/she may not get any more sick leaves and would lose pay.
Workers Compensation may try to prove that the arthritis was pre-existing. However the employee may argue that even though the condition existed before the accident, it never showed any symptoms at work. To help fight the case with the insurer, the employee may have to hire a workers compensation attorney. According to the Family and Medical Leave Act (FMLA), the employee must be employed for 12 months and for a period of 1250 days within that period in order to get protection. Otherwise the employer can terminate the employee for being absent from work.
Q. What can an employee do if he/she is reimbursed for medical expenses after an accident at work and then fired in California?
An employer may have to pay all the money due to the employee up till his or her last day at work under the Federal Law. The employee may file a complaint with the Human Resource Department of the company if he/she is fired with medical reimbursement after an accident at work. If the employer does not pay the salary agreed upon, the employee may also make a wage claim with the department of labor.
Q. If an employee has undergone knee surgery 6 months before the accident at work and is given an impairment rating of 2%, what legal action can he/she take?
The employee may have to get the medical records checked by an independent medical examiner for assessment of his/her actual rate of disability. This will help in deciding the proper amount that could be claimed. If the employee has had a full recovery, without any disability before the accident, the doctor may evaluate the injury as a new one that is caused by the accident at work. But if there was disability even after the surgery, the doctor may have to determine the difference in the disability between the periods after the surgery to that after the accident.
Q. What can an at will employee do if he/she is dismissed after an accident at work?
At Will employment means that the employee can leave the job or the employer can terminate the employment at any time as long as the termination is not based on discrimination. An at will employee may file a claim for unemployment but may not have any legal right to continued employment.
Q. Can an employee file a claim under workers compensation if he/she had an accident at work and it is affecting him/her after 4 years?
In most states, the statute of limitations on the workers compensation claim varies from 1 to 3 years. A workers compensation attorney may be able to help the individual in determining whether the statute of limitations can be extended or suspended in his/her case. At times, the courts may waive the statue of limitations, depending on the employees condition and situation.
Q. Can an employer ask for an employees urine sample if he/she has been involved in an accident at work?
The employer may have the right to demand the employees urine sample especially if it is mentioned in the contract. The employer must be informed if the employee is taking prescription drugs. The employee may not be able to do anything if he/she fails to inform the employer about the prescription drugs and the test results are positive. The employee may be sued by the employer, if the employees use of drugs causes the accident.
Injuries suffered at work may have major emotional and physical effects on the individual. It may lead to further frustration if the employee is unaware of his/her rights in such a situation. He/she may ask employment lawyers if he/she has any questions regarding accidents at work.
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