When an employee is injured in the course of his or her work related duties, that injury can have devastating effects on the person’s ability to support himself or herself. There are usually expensive medical bills to be paid, and time off of work for many people can mean time without pay. In order to address the many challenges created by workplace injuries, numerous laws have developed over time to provide support for individuals facing workplace injuries.
Laws to protect workers
The laws that exist to protect workers from employment related injuries differ depending on the type of work the employee does, what type of employer they have, and the way that the injury happened. In certain high risk employment areas, employees are protected by specialized laws. Here are some of the laws that exist to provide a way for employees to recover when they are injured on the job.
- Workers’ compensation – Workers’ compensation is one of the best known avenues for injured employees to seek compensation when they are injured on the job. It applies to most places of employment, and the employer does not have to be at fault in order for the employee to recover. Employees covered by workers’ compensation do not have the right to sue their employer in a court of law. Some very small employers are excluded from having to comply with workers compensation.
While most private employers are covered by state workers’ compensation laws and programs, federal employees are protected by a federal form of workers’ compensation.
- Federal Employers’ Liability Act (FELA) – FELA covers railroad employees. This law requires that the employer was in some way negligent, though the negligence standard is easier to prove than in most negligence cases.
- The Jones Act – The Jones Act only apples to seamen. It allows seamen to sue their employers for negligence, and like FELA makes it easier to prove negligence than in a standard personal injury case.
- The Longshore and Harbor Workers’ Compensation Act – The Longshore Act applies to individuals who work near navigable waters in marine based jobs. It is a system of workers’ compensation and is not fault based.
There are other laws that exist to protect injured workers as well. It is also important to keep in mind that at times a person may have more than one way to seek compensation. This is seen in cases like construction worker accidents, where a construction worker is covered by workers’ compensation, but the facts of the case might allow the worker to file a suit in court against someone other than his or her employer, such as the manufacturer of some equipment he or she was using, that malfunctioned and led to the individual’s injury. If you were injured at work, or while engaged in a work related activity, you should contact an attorney to determine the best course of action and which laws apply to you.
Stern Law, PLLC, a National Law Firm with over 30 years of experience
At Stern Law, PLLC we handle all varieties of work related injury claims. We understand the impact these injuries have on individuals and we take pride in our work defending the rights of hard working people who have suffered from injuries or illnesses as a result of their jobs. If you were injured at work, there is a good chance you had not previously thought much about what your options are or how to seek compensation for your injuries or how you can protect yourself financially when you might not be able to work for a certain amount of time, or even indefinitely. In situations like this, it is good to know that you do not have to face that process alone. Our experienced attorneys have worked with clients to recover compensation for all sorts of workplace related injuries, and we will work closely with you to help you pursue your claim. We know that workplace injury claims are extremely important to our clients, and so we strive to answer their questions and to keep them up to date on the progress of their claims.
Contact Stern Law, PLLC for A Free Consultation
At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you in order to find the best strategy for seeking compensation for your work related injuries. Contact Stern Law, PLLC today at (844) 808-7529 for a free consultation with an experienced attorney.