Work accidents happen, making it important for workers to know what rights and support they have in the event of a work-related injury. In this blog post, we'll go over your legal rights and the actions you can take to recover compensation via workers' comp benefits.
Your Legal Rights as an Injured Worker
The following are the specific legal rights of injured workers in most workers' compensation cases:
The Right to File a Workers' Compensation Claim
If you sustain an injury on the job, you may be able to file a workers' compensation claim with your employer's workers' compensation insurance company, your state's workers' comp court, or another relevant court. Doing so could help you recover compensation for the damages resulting from your injuries, including all related financial losses.
The Right to Attend Workers' Compensation Hearings
Additionally, you have the right to attend a workers' compensation hearing to resolve a case if you don't reach a favorable settlement during the initial claims process. A hearing would entail appearing before a judge, who will review the facts of your case and make a decision regarding potential benefits.
The Right to Seek Professional Medical Care
Another legal right that workers have is the chance to seek and receive medical attention from a licensed physician. While your employer's workers' compensation insurance company may designate a specific medical professional that falls under that company's coverage, you may also seek an independent medical evaluation. Seeking medical care can help you begin the medical recovery process while helping prove the nature of your injuries in a potential case.
The Right to Receive Disability Benefits
If you are unable to make a full recovery, either temporarily or permanently, after sustaining a work-related injury, you may recover disability benefits. For instance, you may qualify for permanent total disability (PTD) benefits if you are entirely unable to return to work following a work accident.
The Right to Appeal a Denial
If a workers' comp insurer or court denies your workers' compensation claim, you may also appeal the decision. You might be able to prove at a later date that your injuries resulted from a work-related accident with better evidence, or you may prove that the insurer made a wrongful decision, for example.
The Right to Hire a Workers' Comp Attorney
To maximize your chances of succeeding with a workers' comp claim, you have the right to hire a workers' compensation attorney to represent you in a potential case. A lawyer may be able to help you prepare a workers' comp claim or take other legal action to pursue total compensation.
Types of Recoverable Compensation in Workers' Comp Cases
Generally, you will be able to recover all economic damages pertaining to your work-related injury in a workers' comp claim.
These damages can include:
- Medical bills for treating injuries
- Loss of income resulting from time taken off from work to recover
- Loss of earning capacity due to disability
- Disability benefits covering temporary or permanent partial or total disabilities
- Death benefits awarded to the families of workers who die from their injuries
Filing a Third-Party Injury Claim
In addition to or in lieu of a workers' comp claim, you could have the chance to file a personal injury claim if you believe a third party's negligence caused your injuries. An example of this type of case could involve a manufacturer that developed a faulty piece of equipment that caused an accident through its intended use.
If the manufacturer is liable for faulty design or manufacturing, the injured worker might have grounds for a personal injury claim. In this type of claim, claimants can seek compensation for non-economic damages in addition to economic damages, such as pain and suffering or disfigurement resulting from injuries.
Hiring an Attorney for Assistance With a Case
If you're in need of support throughout the workers' comp claims process, you may benefit from working with a workers' compensation attorney. The right attorney may help you prepare the paperwork needed to successfully file a claim and negotiate a fair settlement on your behalf. He or she could also help you appeal a claim denial or even pursue a third-party claim if another party outside of your employer caused your injuries.
Knowing your rights as an injured worker can equip you to take the appropriate steps to file a claim and get the support you need to recover compensation.
