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November 23, 2021

Know Your Rights For Workers Compensation in the U.S.

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Nobody plans to suffer an injury while at work. However, nearly three million people in America experience a work-related injury or illness and over 5,000 people lose their lives every year. While improvements in Occupational Health and Safety have led to a decline in reportable incidents over the past several years, a person is injured, or worse, approximately every 10 seconds.

If you suffer an injury in the workplace or contract an illness directly related to your job, workers' compensation is there to provide financial assistance during your recovery period. There is no national workers' compensation in place; each state administers its own scheme and rights may vary. There are, however, some universal rights relating to workers' compensation, and knowing these can ensure you find all the benefits you are entitled to receive.

Right to Claim

You have the right to lodge a workers' compensation claim against your employer. You can do this through a workers' compensation court or your state industrial court. No one can deny you the opportunity to lodge a claim or discriminate against or harass you for doing so.

An employer or treating medical practitioner can provide you with the forms. You must then complete all relevant sections and return to your employer as soon as possible. If you are unable to return the form in person, you can send it via registered post.

Right to Seek Medical Treatment

You have the right to seek appropriate medical treatment in a timely manner. Your employer cannot instruct you to use your own medical insurance for any treatment required after a workplace incident.

Your employer should provide you with a list of medical practitioners approved by your state's workers' compensation board. Remember to advise the medical staff the injury is work-related.

Right to Return to Work

After you receive all required medical treatment and the 'all clear' from your treating doctor, you have the right to return to work. You might be able to return to your role in full or restricted duties or hours for a specified period, depending on the doctor's assessment of your health.

Your employer must follow the doctor's recommendations on restricted duties or hours and cannot discriminate against you in any way.

Right to Compensation

You have the right to fair compensation. This may include the following:

Payment of all medical treatment, including all expenses incurred for the initial treatment and any ongoing or follow-up treatment you may require Payment of temporary disability benefits if you are unable to work for more than three days Permanent disability benefits when the illness or injury results in total or partial impairment Retraining benefit if you can't return to your previous role or duties

In addition, when a workplace incident results in a fatality, there are other benefits and payments that are available to the family.

Right to Appeal

You have the right to appeal any decision made about your claim. This may include appealing a decision made by your employer, the employer's insurance company or the workers' compensation court. Each state will have different requirements and processes for appealing a decision. Confirm with your state workers' compensation board to make sure you are following the correct process.

Right to Seek Legal Advice or Representation

Many workers' compensation claims are successful for the injured individual. Sometimes a claim fails due to a small administrative error. You have the right to seek legal advice or representation at any stage of the process. No one can discriminate against, bully or harass you for exercising this right.

If you do seek legal advice, it is best to seek the advice of a specialist workers' compensation lawyer. Many firms provide an initial, obligation-free consultation at no cost. Remember, the lawyer will be working for you, so you should use the initial consultation to interview them for the role.

Leibius Terood