If you’ve suffered an injury at work, you have rights and options under your state’s workers’ compensation laws. Here’s a look at what you’re entitled to and when it might be time to call a lawyer.
1. You have the right to file a workers’ compensation claim
First things first: If you were injured at work and your employer has a workers’ compensation insurance policy, you’re entitled to file a claim. If your employer is required to carry a policy, but doesn’t have one, you’ll need to call an attorney to pursue compensation through the court system.
Workers’ comp is a no-fault system, and with limited exceptions, you can file a claim regardless of who is at fault for your injury. For instance, if you didn’t watch your step and fell off a ladder, you can file a claim. Likewise, if your boss provided you with an unsafe ladder that caused your fall, you can still file a claim. However, if you were horsing around with a coworker and fell off a ladder, you don’t qualify for benefits.
2. You have the right to appeal a denied claim
If your initial claim is denied, you have the right to file an appeal. There’s a chance your claim was rightfully denied, but don’t let a rejection stop you from appealing because valid claims get denied all the time. If your appeal is denied, you can request a formal hearing before an administrative law judge.
If you’re not sure how to file an appeal, legal counsel can help. A workers’ compensation lawyer will prepare your appeal and highlight all the errors that led to your unfair denial. They’ll do this in a professional, straightforward manner so that the facts can’t be denied a second time. They’ll also make suggestions for adding documentation to your appeal that you may not have included in your initial claim. Sometimes this involves getting a second opinion from an objective medical professional. You can pursue an appeal on your own, but you’ll have a better chance at winning with a lawyer.
3. In many states, you have the right to choose your medical provider
In many states, injured employees can choose their healthcare provider for treatment, but some states require selecting someone from a specific provider network. Check your state’s workers’ comp rules to understand your rights and responsibilities. If you’ve already seen your doctor, but you’re required to seek care from another provider, don’t hesitate to make that new appointment.
Keep in mind that if you’re not satisfied with the care you receive, you might be able to get a second opinion or change doctors within the required network. However, you probably won’t be able to seek a second opinion outside of the designated network.
4. You could be eligible to recover lost wages
If your injury makes it impossible for you to work, you might be eligible to receive compensation to replace your lost wages. These benefits will cover a portion of your average weekly wage. These benefits are Temporary Total Disability (TDD) and Permanent Partial Disability (PPD). TDD benefits are provided when you can’t work at all, but your situation is temporary. PPD benefits are provided when you’ve suffered permanent impairments that only partially limit your ability to work.
5. Your employer cannot retaliate against you
Each time an injured worker files a claim, it raises their employer’s insurance premiums. That’s just part of being in business, but some employers get mad and retaliate against workers who file claims. For instance, some workers get fired, demoted, or experience workplace discrimination after filing a claim. This is illegal, and if your employer retaliates against you, keep detailed records of everything that happens and contact an attorney.
6. You could be entitled to permanent disability compensation
If your injury caused you to become permanently disabled, you could be entitled to further compensation depending on the type and severity of your disability. For example, there are different amounts of compensation reserved for specific body parts affected by a disability, along with compensation amounts calculated based on lost earning capacity.
Don’t hesitate to file your claim
Understanding your rights after a workplace injury will help you recover the compensation you deserve. While the system is designed to support you, the process can become complex. If your claim gets denied, seek legal assistance to file your appeal and secure the support you need for a stress-free recovery.
