Rights and Options After a Work Injury
As an injured worker, you have several rights that protect your interests and ensure that you receive the benefits you deserve. These rights include:
- The Right to Report Your Injury or Illness. You have the right to report your injury or illness to your employer as soon as possible. In most states, you have a specific timeframe to report your injury, typically within 30 days. Reporting your injury promptly ensures that your employer is aware of your situation and can initiate the workers’ compensation claims process.
- The Right to Receive Medical Treatment. Your employer is responsible for providing you with medical treatment for your work-related injury or illness. This includes covering the cost of doctor visits, hospital stays, surgery, and rehabilitation. If your employer does not provide you with medical treatment, you can seek medical attention on your own and submit your medical bills to your employer’s workers’ compensation insurance carrier for reimbursement.
- The Right to Receive Wage-Loss Benefits. If you are unable to work due to your work-related injury or illness, you are entitled to receive wage-loss benefits. These benefits are typically a percentage of your average weekly wage at the time of your injury or illness. The exact amount of benefits you receive will vary depending on your state’s workers’ compensation laws and the severity of your injury.
- The Right to Vocational Rehabilitation. If you are unable to return to your old job due to your work-related injury or illness, you may be eligible for vocational rehabilitation. Vocational rehabilitation is a program that can help you find a new job or train for a new career.
- The Right to Be Free from Discrimination. You cannot be discriminated against or retaliated against for filing a workers’ compensation claim. Your employer cannot fire you, demote you, or otherwise penalize you for exercising your rights under workers’ compensation law.
- The Right to Have Your Claim Reviewed. If your claim is denied, you have the right to have your claim reviewed by an independent decision-maker. This means you can have your case heard by a workers’ compensation judge or administrative law judge who will review the evidence and decide on your claim.
- The Right to Legal Representation. You have the right to hire an attorney to represent you in your workers’ compensation case. An attorney can help you understand your rights, file your claim, negotiate a settlement with your employer’s workers’ compensation insurance carrier, and represent you in court if necessary.
- The Right to Confidentiality. Your medical records and other personal information related to your workers’ compensation claim are confidential. This means that your employer and the insurance carrier cannot share this information with anyone else without your consent.
These are just some of the basic rights you have as an injured worker. It is important to understand your rights and to assert them whenever necessary. If you have any questions about your rights as an injured worker, you should consult with an attorney.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.