May 4, 2023 | Workers' compensation

Have you been injured at work? Workers’ compensation is a system in every state that is designed to provide injured workers with a financial cushion following a work-related accident or incident. Every state requires employers to provide workers with a reasonably safe work environment. When a worker is injured in the line of their duties, they have the right to seek workers’ compensation benefits to compensate their medical bills and lost wages.

What are My Rights in a Workers’ Compensation Lawsuit?

The laws that govern workers’ compensation vary from one state to the other. However, the rights of workers in a workers’ compensation lawsuit generally include:

• The right to file a claim for an injury or illness with state industrial or workers’ compensation court

If you have been injured at work or while carrying out work related tasks, you have the right to recover compensation through the workers’ compensation system. This also applies to those that are suffering occupational illnesses. Depending on the rules in your state, you can file a claim in the workers’ compensation court in your state or the state industrial court.

• The right to pursue medical treatment for your injuries or illness

You have the right to pursue medical treatment for your work-related injuries or illness. It is best to seek treatment for your injuries or illness as soon as possible. This medical record will play a critical role in recovering compensation. In the case of an emergency, you can seek treatment at any healthcare facility. In other situations, you should find out about the rules in your state regarding where you should seek medical care. the state may give you the right to choose a healthcare provider while in some states, your employer or their insurer has the right to choose a healthcare provider for you.

• The right to a workers’ compensation hearing

Majority of workers’ compensation claims end with an out-of-court settlement. However, when your claim is disputed, you may have to have a formal hearing before a judge to have the dispute resolved. During this hearing, the judge will review the circumstances of the case. This means presenting evidence of your injuries and damages. They will then determine whether you should be awarded benefits or not.

• The right to appeal a workers compensation claim denial

If your workers’ compensation claim is denied, don’t give up. You have the right to appeal the denial. This process varies in each state. However, in most states it involves having your case heard by an administrative law judge. You should be careful to file your appeal before the deadline in your state. You will otherwise forfeit your right to appeal.

• The right to compensation for disability

If you are unable to return to work for an extended period or permanently as a result of your injury, you have the right to receive permanent or temporary disability benefits. These benefits provide compensation for part of your wages for the period that you are unable to work.

• The right to return to work

If you have been cleared by your physician, you have the right to return to work. Your employer should not harass you or use any other tactics to retaliate. If they act in retaliation, you have the right to pursue legal action against them.

• The right to hire an attorney

You don’t have to go through the workers’ compensation process on your own. You have the right to hire an experienced workers’ compensation attorney to guide and represent you throughout the process. In fact, hiring an experienced attorney could be the best thing you can do to protect your rights when seeking workers’ compensation.

How Do I Protect My Rights?

Now that you understand some of the rights that you have when seeking workers’ compensation, you may be wondering how you can protect these rights. There are several things you can do to ensure that your rights are protected.

1. You should report your injury to your employer as soon as possible.

Most states have a time limit within which you should report the incident that resulted in your injury. The sooner you do it, the better. This will help secure your right to seek workers’ compensation benefits.

2. File your workers’ compensation claim

You should file your workers’ compensation claim as soon as possible after your injury. Most states have deadlines for when to file your workers’ compensation claim too.

3. Seek the guidance and representation of an attorney

The workers’ compensation claims process isn’t as straightforward as it seems. It is a good idea to have the guidance and representation of an experienced attorney. Your attorney will fight to protect your rights.

Contact our law firm to schedule free consultation with an experienced workers’ compensation attorney and ensure that your rights are protected.

Workers Rights in a Workers Comp Lawsuit