January 9, 2025 | Workers' compensation

Being injured while at work can quickly become a source of stress and economic strain. Injured workers not only have to deal with the physical pain and possible psychological trauma of the accident but also the economic strain of medical bills, lost wages and possibly loss of job security. Fortunately, workers’ compensation provides injured workers with a financial cushion during this difficult time. However, the process of accessing these benefits is not straightforward. It is therefore important for workers to understand their rights and protections under the workers’ compensation system.

What is Workers’ Compensation?

Most states have a workers’ compensation program. These programs are designed to provide injured or ill employees with benefits when their injuries or illnesses are work-related. The goal of the program is to ensure that workers are able to access the medical care and financial support they need without suing their employer.

Some of the benefits provided by workers’ compensation include:

• Medical expenses – this includes any expense related to treating or managing the injury or illness e.g. doctor visits, hospital stays, physical therapy, medical devices and prescription medications.
• Wage replacement – if the injury prevents the worker from working, they may be compensated partially for their lost wages.
• Disability benefits – If the injury results in a temporary or permanent disability, the worker may be compensated for the lost wages.
• Vocational rehabilitation – if the injury prevents you from returning to work and you need to learn new skills to be able to earn a living, workers’ compensation may cover the cost of job training programs.
• Death benefits – if the accident was fatal, workers compensation will provide support for the deceased’s dependents. This may include covering funeral expenses and replacing income.

The Rights of the Injured Worker

If you have been injured at work, it is important to know your rights under workers’ compensation. Below are some rights to be aware of.

1. Injured workers have the right to file a claim for workers’ compensation benefits. This applies regardless of who is at fault for the injury.
2. Injured workers have the right to seek medical treatment. Workers compensation is designed to ensure that injured workers are able to access the medical treatment they need for their injuries. However, it is important to check with your employer and determine whether they require you to visit a doctor from their approved list of healthcare providers.
3. Injured workers have the right to wage replacement. If your injury prevents you from returning to work, workers’ compensation ought to provide partial replacement for the wages lost.
4. Injured workers have the right to return to work. However, this should only be followed by being medically cleared. Employers should provide an alternative position or accommodation for workers whose injuries prevent them from returning to their previous duties.
5. Workers’ compensation protects workers from retaliation by employers. It is illegal for employers to retaliate actions such as demoting, firing or harassing workers because they sought workers’ compensation benefits. Workers can take legal action against employers that do so.
6. Injured workers have the right to appeal a denied claim. Workers may also disagree with the benefits offered by the insurance provider. You may appeal the decision made by the insurance provider to recover the benefits you deserve.

An Overview of the Workers’ Compensation Process

• Report the injury

Injured workers are required to inform their employer of their injury as soon as possible. Most states require you to do this within a specific timeframe. Failing to report your injury in time can jeopardize your claim. Your employer will inform their insurance provider of the incident.

• Seek medical treatment

Workers are required to seek medical treatment for their injuries as soon as possible. This is true even for injuries that seem minor. Not only is it important for your health and safety but also for providing medical evidence of your injury.

• File a workers’ compensation claim

Your employer will then provide you the necessary forms to file a workers’ compensation claim. Your employer will submit the claim alongside any documentation you provide to their insurance provider.

• Investigation

The insurance company will investigate the claim to determine its validity. This often involves reviewing medical records, interviewing witnesses and assessing the work environment.

• Receive benefits

If your claim is approved, you will begin to receive benefits.

• Appeal denied claim

If your claim is denied, you have the option to appeal the denied claim. The appeals process may involve a hearing before the workers’ compensation board or an administrative law judge. It is in your best interests to consult with an experienced attorney to guide you through the appeal.

The attorneys at High & Younes Attorneys, LLC are experienced with recovering workers’ compensation benefits. Don’t hesitate to get in touch with us following a workplace injury. We’d be glad to guide and support you through the process.

I was Hurt at Work, What are My Rights?