Your Rights During a Workers' Compensation Claim

Workers have legal protections if they suffer a work-related accident. Workers’ compensation laws provide medical care and wage benefits after a workplace injury. Unfortunately, not all employers respect worker rights. You should protect your rights to get the benefits you deserve.

Workers’ compensation rights differ depending on state law. Talk to a local workers’ compensation lawyer for more about your rights during a workers’ compensation claim.

Understanding Your Workers’ Compensation Rights

Most employers must carry workers’ compensation insurance. Employers buy workers’ compensation coverage through insurance carriers, state programs, or they are self-insured. Workers’ compensation provides wage loss and medical benefits while you are unable to work because of a work injury. For fatal accidents, workers’ comp provides death benefits to your dependents.

Employees have the right to claim workers’ compensation benefits for a job-related injury or occupational disease. However, you also have obligations under the workers’ compensation system. You have to report your injury to your employer within the time limits. The first report of injury varies by state, from “as early as possible” to about 90 days.

You also have to seek first aid or medical care and follow your medical providers’ treatment advice. File your workers’ comp claim with your state board or agency and cooperate with the insurance company’s requests. Once you’re able to return to work, you should return as soon as you can.

Your Right to Wage Loss Benefits

When you can’t return to work, workers’ comp provides disability benefits to help with your regular expenses. Disability benefits are based on about two-thirds of your average weekly wage. If you can do light work or part-time work, you can still get temporary partial disability benefits. If you can’t do any work, you get temporary total disability (TTD) benefits.

Wage benefits continue until you can return to work. If you suffer permanent injuries and can’t return to work, you can get permanent disability benefits. In most states, you can receive workers’ comp benefits for a maximum amount of time. After getting the maximum benefits, you can claim Social Security disability benefits.

Your Right to Medical Treatment

You have the right to medical care to treat your work-related injuries. You can get your medical expenses covered for as long as necessary. This includes any medically necessary treatments, including physical therapy, rehabilitation, and mobility devices.

Your choice of medical providers depends on state law. Some states give employees the right to choose their healthcare provider. Other states give employers the right to pick the doctor. There are also variations that let your employer choose your doctor, but you can change them if you aren’t happy with their treatment.

If the doctor says you can return to work and you don’t agree, many states give you the right to get a second opinion. Alternatively, employers can request an independent medical examination (IME).

Your Right To Return to Work

After your doctor clears you to return to work, you have the right to return to full-time employment. Unfortunately, your employer has no obligation to rehire you. But they have good reason to rehire you to avoid paying your benefits while someone else does your job. Some states have rehiring preferences after you recover from your injuries.

After clearance to return to work, your employer may offer you a position with similar pay and benefits. If you decline the job, they can stop paying workers’ comp benefits. If you get cleared for part-time or light-duty work, you have to accept the job. If you refuse the job, you can lose your benefits. If part-time work means lower pay, you can still get temporary partial disability benefits.

Your Right To Appeal a Denied Workers’ Compensation Claim

Many people give up after the insurance company denies their workers’ comp claim. However, you have the right to dispute their denial. State workers’ compensation laws give you the right to request a hearing to challenge the denial. You can also request reconsideration or file an appeal.

You have a limited time to file a workers’ comp appeal. Contact a workers’ comp lawyer as soon as possible to protect your employee rights.

Your Right to Reasonable Accommodations for Disabled Workers

Your employer can’t discriminate against you if you have a disability. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability. If you suffer a disability after your work injury, your employer has to provide you with reasonable accommodations to do your job.

Your Right Against Retaliation

Many people don’t file a claim because they worry about retaliation. Employers and even other workers can discourage reporting workplace injuries. The employer may warn they’ll lose their job or not be able to work in the industry again. This is unlawful retaliation. Fortunately, fair employment laws protect you against workplace retaliation.

Employment laws prohibit employers from retaliating against you for exercising your legal rights. You have the legal right to file a workers’ comp claim after a job-related injury. If an employer punishes you for reporting the injury, you can file a workplace retaliation claim. Retaliation remedies include reinstatement with back pay and punitive damages against the employer.

Your Right to Legal Representation

You have the right to contact a lawyer after a workplace injury. A lawyer can help you protect your rights during the workers’ compensation process. They can explain your options and offer legal advice. Your lawyer can also represent you during any hearings or appeals.

Your attorney can also negotiate with the insurance company to get a workers’ comp settlement. Contact a workers’ comp lawyer to protect your rights during a workers’ compensation claim.