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A claim for minor injury or workers' compensation is the process by which benefits can be obtained following an accident or physical, emotional or mental injury caused by work.
According to US labor law, an undocumented person cannot work in the country, but once an employment relationship is established, it does not matter what the immigration status, type of contract or nature of employment is, all workers have the right to file a claim for minor injury as workers' compensation in case of suffering an injury during the performance of their duties, even if the accident was the employee's fault.
When someone provides services to a person or company, that is, receives economic compensation for performing a task, even if there is no written contract for that purpose, it is understood that there is a master-employee type relationship and therefore one has the right to receive compensation benefits in case of accident, since a worker is exposed to suffering injuries in the performance of their duties.
Some of the most dangerous jobs are found in construction, cleaning, cooking, manufacturing, gardening, those performed outdoors and those that require the use of heavy machinery, as they generate constant exposure, repetitive movements and physical wear and tear, however this does not mean that employees in other areas cannot file a claim for minor injury or compensation in case of accident.
Something as simple as a slip at your workplace is subject to workers' compensation, even if the accident does not cause serious injury or is the employee's fault; you may also file a claim for back pain, repetitive motion injuries, spinal cord injuries, blows, inhalation of chemical substances, exposure to high levels of noise and even if the task you were hired to perform worsens a pre-existing injury.
How to file a claim for minor injury:
- 1. Notify your employer of the injury you have suffered in case of an accident or the discomfort generated when performing the work.
- 2. Request medical attention and indicate that the consultation is for injuries caused at work.
- 3. Avoid using private medical services or paying bills that should be covered by your employer.
- 4. Complete the form to report the injury suffered.
- 5. Keep copies of all documents and medical reports related to the accident.
- 6. Request legal advice.
At Conexión Legal we offer free advice for cases of workplace accident or injury; contact us through this channel via the WhatsApp icon or by Scheduling Your Consultation and explore solution alternatives for your case.As we have mentioned in other articles, filing for compensation or claiming for minor injury provides the claimant with medical attention, payment of wages or a portion of these while the injured person is in recovery, medicines and economic compensation among others.
Remember that while there are cases where employers try to take advantage of workers' lack of information to avoid fulfilling their responsibilities, anyone has the right to file a claim of this type in a civil court, so you should not fear retaliation of a migratory nature when defending your rights.
Whatever your case may be, request the advice of a lawyer who will provide you with support at each step of your claim and obtain the best solution to your situation.
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