Life is unpredictable. Accidents and injuries can strike without warning, at any time or place, both at work and outside. If you’re injured at work, there’s a clear legal process to follow, and you can receive a lot of legal support and financial assistance along the way. But what about if you’re injured outside the workplace? What happens then?
Understanding Employment Rights
First, let’s look at the general rights of all employees around the U.S. These rights are protected under employment law, which aims to protect employees against discrimination and harassment, while also setting out standards that employers must meet when providing for their workers.
Basic Employment Rights
Basic employment rights include:
- Freedom from discrimination based on race, color, religion, sex, and other factors
- Equal pay for all employees of the same level
- Safe working conditions Benefits (like health insurance and overtime pay)
- Fair hiring and firing
- The right to leave of absence for family or medical reasons
- Reasonable accommodations made to help employees who suffer a medical condition or change in circumstances
Rights Specific to Non-Workplace Injuries
In terms of employee rights that are related to non-workplace injuries, the main ones are:
- The right to continue working, with reasonable accommodations made to adapt to your injury
- The right to take an extended leave of absence without losing your job while you recover
- The right to not be fired unfairly purely because of your injury
Injuries Outside the Workplace
Next, let’s explore some of the kinds of injuries that can occur beyond the workplace, and the impact these may have on workers.
Common Types of Non-Workplace Injuries
There are lots of different types of injuries you can suffer outside of work. These include, but are not limited to:
- Head injuries
- Neck and spine injuries
- Knee and other joint injuries
- Herniated discs
- Back injuries
- Broken bones
- Fractures
- Dislocations
- Burns
Such injuries may occur in many ways, like auto accidents, slips and falls in public places, or injuries at home.
Impact of Non-Workplace Injuries on Employment
The impact of a non-workplace injury can be devastating, depending on how serious and long-term its effects are. Some injuries may completely change a person’s way of life or even lead to them becoming disabled, for example, which has knock-on effects on their employment and career prospects.
An injury could, for instance, make it much harder to physically perform your working duties, especially if your work involves a lot of manual movement or labor. Many injuries also cause psychological damage, which can make it harder for people to focus, concentrate, and work as they did before.
Additionally, lots of injuries require lengthy recovery periods, during which time the person will almost certainly be unable to work.
Legal Framework
Next, let’s see what laws and systems are in place to protect you if a non-workplace injury occurs.
Federal Laws
At a federal level, the main law that protects workers in case of injury is the Family Medical Leave Act. This grants all employees the right to take a leave of extended absence for medical reasons.
State Laws
State laws vary widely when it comes to protections for non-work-related injuries. Some states may prevent employers from being able to fire any worker while they’re injured and out of work, for example, but others aren’t quite as strict on the matter.
Many states allow employees a period of leave to recover, provided they can show medical certificates and doctor’s notes to confirm their condition.
As an example, in the state of California, workers can enjoy up to 12 weeks of protected leave per 12-month period if they’re unable to work due to injuries, thanks to the California Family Rights Act.
Many states also demand that businesses take out workers’ compensation insurance to help cover costs if and when a worker suffers an injury, including outside-of-work injuries.
Employee Protections
Fortunately, while it can be scary to suffer an injury that could jeopardize your work, there are protections in place to help out.
Disability Discrimination Laws
The Americans with Disabilities Act of 1990 prohibits employers from discriminating against their workers based on disability. So, let’s say a worker suffers an injury that forces them to use a wheelchair, they should not be fired purely on that basis, nor should it prevent their chances of being hired and paid for other work.
Many states also have their specific laws and guidelines about how disabled workers should be treated and accommodated.
Family and Medical Leave Act (FMLA)
As touched on above, the FMLA is the main federal law protecting workers who suffer out-of-work injuries. It ensures that workers can take an extended period of leave to recover from their injury, up to or even beyond 12 weeks, depending on the circumstances.
Employee Rights and Actions
Next, let’s explore some other relevant employee rights for those in this situation.
Right to Medical Leave
Thanks to the FMLA, all employees across the U.S. have the right to take protected time off work for medical or family reasons.
Right to Job Protection
Federal law also ensures that workers are entitled to fair treatment from their employers and should not be fired or lose their jobs unfairly.
Seeking Legal Assistance
Of course, all employees who suffer any injury are well within their rights to contact personal injury attorneys or other legal professionals to represent and assist them with taking the right steps to protect their employment and seek compensation.
Common Challenges and Solutions
Despite the many laws and protections in place to help employees, there may still be challenges to overcome along the way after an injury occurs.
Denied Claims
Employers may try to deny a worker’s claims about their injury, questioning the validity or seriousness of their injury. To counter this, workers should provide evidence of their injury and seek legal representation.
Employer Retaliation
In some cases, to avoid having to pay a worker’s salary or make a compensation claim, employers may retaliate against workers and try to force them out of their jobs. Again, legal professionals are the best people to handle this.
Summing Up
Overall, it’s certainly scary and unpleasant to suffer any sort of injury, be it at work or out of work. But, if it does happen, there’s no need to fret. Laws and systems are in place to protect you, and trusted attorneys are standing by, ready to ensure you’re treated fairly throughout the recovery process and beyond.
Featured photo by RDNE Stock project
