Understanding Your Rights as an Injured Worker

Injured Worker

In almost all states across the U.S., companies must carry workers’ compensation insurance to offer their employees protection in case of an injury at the workplace. If you get injured at work, you could recover compensation for your suffering. Continue reading to learn more about your rights as an injured worker.??

If you have been injured in a work-related accident in Los Angeles, you may be entitled to workers’ compensation benefits. A Los Angeles workers comp lawyers can help you file a claim and get the benefits you deserve. Workers’ compensation lawyers in Los Angeles have experience handling these types of cases and can help you navigate the complex legal system. They can also represent you if your employer or the insurance company denies your claim.

Right to File a Workers’ Compensation Claim

Many workers refrain from filing a workers’ compensation claim because they fear that they will become subject to harassment or reprisal from their employer. However, some employees do not know their employer can face severe legal penalties for obstructing workers’ compensation. 

Filing a workers’ compensation claim is a legal right of every employee who suffers illness or injuries at work. However, before you file a claim, you must inform your supervisor or employer of the injury and then file an accident report. This will help initiate the process of filing a workers’ compensation claim. 

Right to Seek Medical Care

Whether your injuries are apparent or not, you have the right to seek medical attention after the accident. You can choose your physician or visit one your employer recommends from their network. 

A medical evaluation is critical after a workplace injury because it will help treat your injuries and provide evidence for your workers’ compensation claim. 

Right to File for Disability Compensation

Some workplace injuries can be so severe that they cause disability. If you suffer an injury that makes you temporarily or permanently disabled and cannot resume work, you would be eligible for disability benefits. 

Right to File an Appeal If You Disagree With the Outcome of Your Claim

If your benefits get denied by the insurance company, you have the right to appeal. When a claim is denied, the employer should tell the injured worker why. For example, many workers’ compensation claims are denied because the insurance company does not believe that the injury directly resulted from a workplace accident. This is most common when the injured worker delays or refuses to get a professional medical evaluation immediately after the accident. 

Typically the notification sent by the insurance company also includes information on the deadline to file an appeal and what type of documentation could reinforce the case. Once your appeal is filed, a judge will be assigned to your case, and you will be notified of when you will attend the appeal hearing. 

The first appeal is filed with the state’s workers’ compensation agency, and if that appeal is denied, the injured worker has the right to file a second appeal with the state court.    

Rights If a Third-Party Injures You at Work

If the negligence of a third party, such as the manufacturer of defective equipment, caused your injury, you have the right to file a third-party claim. A third-party claim allows you to recover compensation for the damages that cannot be paid through workers’ compensation insurance. However, third-party claims are often not included in workers’ compensation and filed as lawsuits in civil courts. Learn more about the benefits of hiring a workers? compensation lawyer at https://www.nyworkerslaw.com/new-york-workers-comp-lawyer/.