According to the Occupational Safety and Health Administration, as of May 31, 2024, employers electronically reported information on 883,372 work-related injury and illness events using data from OSHA Forms 300 and 301.
Employees injured on the job have legal rights to safety, financial security, and fair treatment. These rights encompass medical care, wage replacement, and protection from retaliation. Keep in mind that there are state laws and industry standards that can influence how company policies are implemented.
According to Riverside accident lawyer Abel H. Fernandez, workers’ compensation benefits can cover medical expenses and some lost wages after an accident. Additional recovery efforts can boost your recovery. If you have grounds to file a third-party personal injury claim, you may be able to recover compensation for lost wages that workers’ compensation benefits cannot cover. This type of claim may also include compensation for pain and suffering.
Workers must understand these rights to recover from workplace injuries and make informed employment and recovery decisions. This article will discuss the rights that injured employees have and how to exercise them.
Understanding Workers’ Compensation Benefits
Workers’ compensation programs provide benefits such as paying medical bills, compensating for lost wages, and vocational rehabilitation if workers are unable to return to their previous jobs due to an injury.
Machine injury lawyer Bobby L. Bollinger explains that employees can file workers’ compensation claims for many types of injuries. Slip-and-fall accidents are one of the most common types of workplace injuries, and they can happen in any workplace. Work equipment injuries can lead to workers’ comp claims. Any injury caused by equipment, whether by human error or malfunction, is included in these claims.
If you get injured, you must immediately notify your employer. A delayed reporting may jeopardize your claim. Follow the specific forms and formalities required by your state to receive proper support.
Keep a detailed account of your injury, encounters with the employer, therapies, and treatments. A detailed record will help you recover more quickly.
Right to Medical Treatment and Care
Every injured employee has the right to receive necessary medical treatment and care. You have the right to receive assistance in treating any work-related injuries.
Seek medical attention as soon as possible so that you can fully comply with all medical advice given by the doctor. Your employer’s workers’ compensation insurance should cover your medical expenses.
Depending on your employer or the state, you may have the option to choose your healthcare provider. In some locations, you are only permitted to undergo treatment with a specified list of approved physicians. Keep all of your medical records. These documents can help you prove your claim and settle any future disagreements.
Job Protection and Reinstatement Rights
Many states have laws that protect your job while you are in recovery.
If you are unable to work due to an injury, your employer is usually prohibited from firing you or retaliating for taking time off. When you are ready to return to work, you are entitled to your previous position or an equivalent one, depending on your circumstances.
During your recovery, feel free to be in communication with your employer. Document your communication with them and record steps about your medical status. Understanding your rights allows you to receive fair treatment and make a smooth return to work when you are ready.
Right to Appeal Denied Claims
A denied claim does not signify a complete loss of benefits. Individuals who have their claims denied have the right to file an appeal.
Begin with understanding the denial letter, which will contain the grounds for denial. Gather evidence or materials that prove your claim like medical charts, witnesses, or expert opinions.
Follow the instructions provided by your employer or insurance company to file the specific appeal. Your submission deadline is critical. Avoid filing an appeal late, as this can have an impact on the outcome.
Select an attorney who can propose several arguments that support your position. Investing in a skilled lawyer may help you win your appeal and resolve your claim.
Protection Against Retaliation or Discrimination
Filing a work-related injury or compensation claim is one way to protect yourself from adverse treatment or discrimination by your employer.
Any negative evaluation, such as demotion, discharge, seeking, or even discipline, would be seen as retaliation. If you are subjected to such treatment, you must maintain all proper documentation and notify the appropriate authorities or human resources.
Employers cannot treat you unfairly just because you are sick or have a compensation claim. Know your rights so you can advocate for yourself.
