Workers in the American workplace have certain protections under the law. Two of the most important are the right to a safe workplace and the right to leave for medical conditions. It’s your job as a worker, though, to know your rights to compensation and under the FMLA.
Know When an Injury Counts
One of the most important things you’ll need to know is if an injury counts as happening at work. Generally speaking, an injury that occurs during the regular commission of your job – whether on-site or off will count as a work-related injury. So long as you are on the clock or doing something as part of your duties, your injuries should be covered.
Who is Eligible for FMLA
Not every employee is eligible for leave under the Family and Medical Leave Act (FMLA). You must be employed by a company that is not exempt (that is, has fifty or more employees) and you must have worked for the company for at least a year before you become eligible. There is also an hourly requirement – you must have worked for at least 1,250 hours during the course of those twelve months. If you meet all of these criteria, you are covered under the FMLA.
What to Do If You Don’t Get What You are Owed
If you don’t get what you are owed when you are hurt, it’s important that you get legal representation. Contacting a law firm doesn’t mean that you have the intention to bring a lawsuit, but it does mean that you’re willing to protect your own rights when the company for which you work is not willing to do the right thing. Your lawyer will be able to guide you as you contact your state workers’ compensation official to get the compensation you’re owed.
What Happens if You Get Fired
Employees who are injured at work at generally protected under both state and federal law. If you are fired because you were injured on the job, it’s vital that you immediately contact a good employment lawyer. He or she will work with you to either get your job back or to get compensation, either of which will give you a better chance to get your life back on track and will require your former place of work to live up to its obligations. Many full-time employees who are fired without just cause, such as for disabling injury, are at the very least due severance pay from the company.
It’s important for every employee to know his or her rights when it comes to workers compensation and the FMLA. Remember, your place of employment is obligated to protect you from injury and is obligated to follow federal laws and you are within your rights to hold them responsible. If you find that your workplace isn’t living up to its obligations, working with an attorney might be the most responsible thing you can do.
Read More:
- How to Handle Your Pay Being Withheld at Work
- Running out of Sick Days? How to Balance Chronic Illness and Work
- Lost Wages? How to Get the Compensation You Deserve
- Long-Term Disability Benefits: How to Manage Finances after an Injury
