(Newswire.net — October 29, 2022) — Being injured at work can be frightening and overwhelming. In addition to dealing with the physical pain of your injuries, you may also face mounting medical bills and lost wages due to time missed from work.
But there is good news: you have rights! Understanding your rights as an injured worker is the first step in getting the compensation and treatment you deserve. Read this article to understand your workplace rights, and thank us later!
The Right to File a Claim
If you are injured while on the job, you have the right to file a workers’ compensation claim. Workers’ compensation is a system to help injured workers on the job by providing them with financial assistance. This compensation will usually cover medical expenses and a portion of your lost wages.
That being said, you must keep a few things in mind when filing a compensation claim. Take a look.
The Claim Validity
Before you can file a workers’ compensation claim, you must have a valid claim. This means that you must have been injured while performing your job duties. If you were injured outside of work, or if your negligence caused your injury, you will not be eligible for workers’ compensation benefits.
Statute of Limitations
In most states, you must file your workers’ compensation claim within a certain time frame, known as the statute of limitations. For example, in California, you must file your claim within one year of the date of your injury. If you do not file your claim within the statute of limitations, you will be barred from receiving benefits.
Notify Your Employer
It would be best if you also informed your employer of your injury as soon as possible. In most states, you have 30 days from your injury to notify your employer. If you fail to notify your employer within this time frame, you may be ineligible for benefits.
You Must Cooperate
If your employer has workers’ compensation insurance, you must cooperate with the insurance carrier to receive benefits. You must provide the insurance carrier with information about your injury and treatment.
Besides these tips, you must also stay updated with the latest happenings around your case, such as the updates on the Paraquat lawsuit (if you are the victim of this case.)
The Right to See a Doctor of Your Choice
Once you have filed a workers’ compensation claim, you have the right to choose your doctor. You are not required to see the company doctor or any doctor your employer chooses. In fact, it is usually in your best interest to see your doctor, who is familiar with your medical history.
The Right to Choose the Medical Treatment
Once you have chosen a doctor, you have the right to receive the necessary medical treatment. If your doctor prescribes medication or recommends surgery, your employer’s workers’ compensation insurance should cover these costs. Additionally, if you need physiotherapy or other forms of rehabilitation, these costs should also be covered.
The Right to Temporary Disability Benefits
If your injuries prevent you from being able to work, you may be entitled to temporary disability benefits. These benefits will replace a portion of your lost wages while you cannot work. To receive temporary disability benefits, you must provide your employer with a note from your doctor indicating that you cannot work due to your injuries.
The Right to Vocational Rehabilitation Services
If you are permanently disabled and are no longer able to do the job that you were doing at the time of your injury, you may be eligible for vocational rehabilitation services. These services can help you learn new skills to find employment in a different field. Additionally, if you require any assistive devices or modifications to your home or workplace due to your disability, these costs should be covered by workers’ compensation.
Why it Makes Sense to Hire a Personal Injury Attorney After an Accident
A personal injury attorney can be a valuable ally, fighting for your rights and pursuing the compensation you deserve.
Here are some reasons why you must hire a lawyer after an accident:
- An attorney will investigate your claim and gather evidence to support your case.
- They will negotiate with the insurance company on your behalf.
- An attorney will file a lawsuit if necessary.
- Your lawyer will advocate for you in court if your case goes to trial.
Final Word
If you are injured while working, you must know your rights as an injured worker. You have the right to file a workers’ compensation claim, choose your doctor, receive necessary medical treatment, collect temporary disability benefits if applicable, and receive vocational rehabilitation services if necessary.
Understanding and exercising these rights will help ensure you get the treatment and compensation you deserve following a workplace injury. Ask us in the comments if you still have any questions or concerns.