If you are injured in your workplace, it can even result in loss of employment due to work accident compensation.
It is worth mentioning that in the U.S, the vast majority of workers live from day to day with their checks, so they depend on their earnings to pay their monthly expenses.
Even more worrying is the day-to-day of those workers who support a family due to the cost that this represents.
Consequently, many of them have chosen to report accidents that occurred in their jobs without knowing how to respond to the offer of a worker severance pay.
Thus, it is important to understand your rights as an employee, since it can be very useful if you find yourself in a situation where the company wants to pay you severance pay, which would affect your ability to apply for Unfair dismissal.
So the best way to get information about your legal rights in case of any workplace injury, is to talk to a specialist in labor law, a lawyer.
But before you begin, you are clear about what a compensation for work accident?
- 1 What is workers’ compensation?
- 2 Sign an authorization to receive compensation for work accident
- 3 What are the possible drawbacks of signing a workers’ compensation release?
- 4 Am I required to accept workers’ compensation?
- 5 What happens if I don’t sign a release or accept workers’ compensation?
- 6 What are the rights of employees after a dismissal or termination of contract?
- 7 Submit an application for unfair dismissal
What is workers’ compensation?
The work accident compensation, according to the website DOL.gov “It is usually granted to the employee at the end of employment. It is usually based on the length of employment to which the employee is entitled upon termination of employment. There is no requirement in the Fair Labor Standards (FLS) Act for the redundancy payment”.
“The redundancy payment it is a matter of agreement between the employer and the employee (or employee’s representative)”.
In other words, severance pay refers to a specific amount of money or benefits offered by an employer to compensate employees who lose their jobs. This compensation may be awarded as a result of a worker sustaining a serious injury on the job or loss of employment due to other factors.
It is worth mentioning that in some states, the redundancy payment it is a requirement when there are mass layoffs. However, the employee is not under the obligation to incur a compensation as long as it does not violate discrimination laws.
More however, employers offer packages of redundancy payment that consist of monetary compensation, benefits, among others; since this prevents the employee from filing legal claims for Unfair dismissal.
In many cases, at the time of receiving severance pay, the employee must sign an agreement to receive benefits or compensation from the employer.
In other words, these agreements are known as a resignation or release, so that employees cannot claim or sue their employer for the completion of their work.
Here’s what terms these “mutual agreement” documents may contain:
- The defined payment amount.
- Description of other additional benefits.
- Confidentiality agreement.
- Non-admission liability clause.
- The governing law (state or local legal statement on which the agreement is based).
However, signing an agreement that gives up the right to file a claim is one of the mistakes that many workers make.
Consequently, this provokes an internal struggle of the worker against the temptation to accept a payment from the employer in the face of the possible costs that they live from day to day.
In other words, because many workers depend on their income to support themselves or their families, they believe that signing the severance pay agreement is the most reasonable option.
We will show you what may be some important inconveniences to take into account in case your employer requires you to sign the severance pay agreement.
The New York Journal tells us the story of a Hispanic who obtained US$ 4 million in compensation for work accident after suing for an accident at work and presents some resources and rights.
What are the possible drawbacks of signing a workers’ compensation release?
The biggest drawback of signing a severance pay release, is that this can affect the ability to present a claim for unfair dismissal and demand due workers compensation.
In many cases, these agreements include some clause, which takes away the right to claim against your employer. Although not all severance packages require all employees to sign such an authorization to receive compensation (this depends on the employer).
in case you can receive compensation without signing any type of agreement, you have the option of seeking further legal remedies.
This in case you do not feel satisfaction with the package or benefits received by compensation or simply for making a claim where you expose the unsafe working conditions, which were the cause of your injury.
Single payment or accident compensation?
Lastly, consider whether the single payment offered by your employer, is enough to lose your right to seek legal recourse.
Remember something, there are no federal, state or local payment standards, where employers must respect these payments or severance packages. Therefore, there is a possibility that these figures are very small compared to what you could receive in workers’ compensation.
Taking what was described above, many workers resort to accepting any monetary amount for plose a job to gain a break from the costs of living.
We recommend, however, that you consult with a lawyer before making any decision.
It is worth mentioning that initial consultations are usually free. Subsequently, the additional conditions will be decided after a lawyer has discussed and analyzed every detail of your case.
Am I required to accept workers’ compensation?
Not really, employees are never required to accept compensation, or for that matter, to sign a waiver for work-related injury. In this sense, the decision to make is left to the employee’s will.
It is worth mentioning that any agreement of compensation that is signed involuntarily or at the request of your employer, will probably not be considered in court.
In case you feel that your employer may be pressuring you to accept your compensation, if you have tangible evidence to prove it, a court may accept your claim.
It should be noted that it is totally illegal for a employer retaliate against any worker who files a workers compensation claim, or failing that, some kind of incentive such as bribery to avoid the claim.
Harassment in the workplace is a major concern for the courts, especially if it is done by the employer.
What happens if I don’t sign a release or accept workers’ compensation?
If you do not want to sign a release waiver, it is very likely that your employer will deny you the compensation offered.
Remember that by not accepting the work accident compensation may open up other opportunities for you through legal recourse against your employer.
This may include filing a workers’ compensation claim, or pursuing a lawsuit if the claim is not settled.
What are the rights of employees after a dismissal or termination of contract?
It is important to know that if you are fired after serious injury At work, you have protection under federal employment laws for:
- Unfair dismissal
- Employer Retaliation
- Coercion to sign a release or accept compensation
Also, your rights as an employee they give you:
- A safe and healthy workplace.
- Find any legal recourse against your employer or workers compensation.
- Look for medical treatment for your injury.
- Return to work after a medical permission.
- Appeal any decision you disagree with by your employer, insurance company, or the court of law workers compensation.
On the other hand, you should understand that post-injury workers’ compensation may be available as a monetary settlement or as benefits.
In such a case that you file a lawsuit against the unsafe working conditions that caused the accident, you should know that you have the full right to a punitive damages.
Enter the web portal law.cornell.edu to inform you about the punitive damages.
However, there are situations where the accident that caused the injury was caused by third parties, in which case, you must file a civil lawsuit independent of a claim for damages. work accident compensation.
Submit an application for unfair dismissal
The first step in getting more information about wrongful termination claims is to contact your employer’s human resources department.
It is important to point out that the dismissal laws They vary from state to state, so we recommend contacting someone who has legal knowledge of local laws.
If you don’t resolve your issue with your employer’s human resources department, you need to consult with an employment attorney.
Since a lawyer or advisor can provide you with efficient legal support throughout the process of applying.
sometimes present a lawsuit for unfair dismissal against an employer can be a bit intimidating, so it is best to consult an experienced lawyer for such cases.