Injuries on the job happen more frequently than many people realize. Injured employees have certain rights afforded to them under workers’ compensation laws. Understanding their rights ensures victims know how to protect themselves properly through the process.
What Are the Rights of Injured Workers?
When someone has suffered a workplace injury, they must be aware of the rights they hold as injured victims. While workers’ compensation laws may vary widely from state to state, there are some common denominators. The following offers information on the rights injured victims hold.
- Depending on the state, injured workers have the right to file a worker’s compensation claim with their employer, their state’s industrial court, or workers’ compensation Worker’s compensation benefits cover a percentage of the worker’s lost wages and their medical bills.
- Injured workers also have the right to seek medical care for the injuries they suffered. Sometimes, insurance companies will require an injured worker to seek medical care from one of their approved doctors.
- Once released from the doctor, injured workers have the right to return to their jobs. The employer cannot fire an injured worker because they filed a workers’ compensation claim.
- When injured workers become permanently disabled because of a workplace injury, they have the right to receive disability compensation from their employers.
- Injured workers must know they have the right to appeal any decision they do not agree with. Injured workers who are denied their workers’ compensation claims have the right to appeal any unfavorable decision.
- An injured worker also needs to know they have the right to hire a lawyer to represent them throughout the process, including through all appeals.
Injured employees must report their injuries to their employers as soon as possible. The employer will then report the injury to their insurance company. Once the claim gets filed, the insurance company has a certain time to respond to the claim. If they deny the claim, they must submit their reasons in writing to the injured party.
As stated above, injured workers have the right to appeal denials or any decisions they do not agree with. In some cases, an injured worker may even have the right to pursue a third-party claim for their workplace accident, such as in the case of faulty equipment.
Injured workers need to do everything possible to protect their rights. Sometimes, injured workers feel like they are being given the runaround because the insurance company or their employer drags their feet or even denies the claim.
It is wise for injured workers to at least schedule a consultation appointment with an attorney. Often, these appointments are free and allow injured victims to discover information on their rights and what they can expect from the process of pursuing their injury claims.
Injured workers are entitled to receive fair workers’ compensation benefits. An injured worker should not fight for their rights alone. Attorneys represent their injured clients throughout the process. The attorney becomes an advocate for an injured worker and strives to protect the worker’s rights throughout the involved steps.
Because of the statute of limitations, injured workers should not wait to seek legal help. Now is the time to get help from a workers’ compensation attorney who will assist with the process.
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