Understanding workers’ rights: Navigating the complexity of compensation laws
When entering the workforce, it is important to understand the different rights you have as an employee and the necessity of advocating for yourself when your worker’s rights are unmet. When it comes to compensation and getting paid. This is especially important in understanding what you deserve. Noting what roles and rights are available to you as employees and employers is important to ensuring everyone is treated fairly.
Now let’s take a closer look at the complexity of compensation laws to know what you deserve and to protect your workers’ rights you have as an employee.
Overview of workers’ rights
What exactly constitutes workers’ rights? These are the legal and moral entitlements that protect individuals in the workplace. According to an Orange County workers’ compensation lawyer, depending on the situation different types of compensation available to you are:
- Medical expenses
- Temporary disability
- Permanent disability
- Supplemental job displacement (SJDB)
- Life pension payments
- Mileage reimbursement
- Death benefits
- Wage and salary structures
- Overtime pay
- Bonuses and commissions
Some governing associations and laws that protect these worker compensations are the Fair Labor Standards Act (FLSA), Occupational Safety and Health Act (OSHA), Family and Medical Leave Act (FMLA), and Americans with Disabilities Act (ADA).
Understanding compensation laws
To better understand compensation laws, there are certain cases when different kinds of compensation are available to you. When it comes to compensation insurance, this is usually when financial benefits are offered to employees after an accident through insurance. Usually, some certain criteria and claims need to be processed to obtain this compensation. This may vary by your organization or business.
However, when it comes to disability compensation these can be split up into two different kinds of benefits:
- Short-term: Usually insurance covers employees’ compensation for short periods due to an injury
- Long-term: Insurance that covers employees’ pay for an extended period of time.
Understanding the different ways insurance can play a factor in receiving the right pay further ensures your compensation rights are protected and the appropriate benefits are given.
Navigating compensation claims
Many times when navigating compensation claims employees can be misclassified by their employers as independent contractors. This can cause certain disputes on wage and benefit calculations not completely allowing employees to receive what they fully deserve and are allotted to.
During the claims process, there are a couple of steps that you must take to appropriately obtain the compensation and benefits you deserve:
- Make an initial report
- Seek medical attention; if necessary
- Complete and submit claim forms
- Review process of approval or denial
- Appeal process; if denied
- Continued communication to finalize the claim process
To file a claim or ensure your workers’ rights are protected, seeking legal help can be an additional measure to ensure this. Hiring an attorney who specializes in employment laws can be quite beneficial. Using their expertise and knowledge can help streamline the process and make sure you have all the appropriate documentation needed for your claim.
Employer responsibilities
As an employer, you also have certain responsibilities to understand legal obligations and best practices you must take. By federal and state laws, there is a legislation requirement to comply and offer the correct compensation information to your employees such as the Fair Labor Standards Act (FLSA) and Equal Employment Opportunity Commission (EEOC)
Some important best practices to take as an employee to ensure you are following the standards and requirements given to you are:
- Transparent communication: Communicating openly with your employees their rights and benefits can prevent any future understandings and lay out clear expectations.
- Training and resources: Providing training and resources to management can help employers on how to communicate and relay benefits and compensation information to their employees.
Importance of understanding workers’ rights & compensation laws
As an employee and employer, it is important to understand workers’ rights and compensation laws that are set in place, to prevent any potential legal cases. It is also important to know what you deserve if you find your company not upholding these requirements and benefits. By staying informed you can effectively advocate for your rights and ensure you receive the compensation you deserve.