No matter where you work in the United States, your employer is required to provide you with a safe work environment. Unfortunately, even when this is the case, accidents still happen. When they do, it’s important to know your legal rights pertaining to medical treatment, gaining compensation for your work injuries, and making sure you are allowed to retain your job while recovering from your injuries. To make sure you face no unexpected surprises along the way, here are some important facts concerning your legal rights if you get injured at work.
Filing a Workers’ Compensation Claim
No matter the type of injury you sustain, you have the right in any state to file a workers’ compensation claim. In some cases, an employer may attempt to intimidate you into not filing a claim, or even offer some incentive to keep you from doing so. In either case, you have the right of refusal, and can thus pursue your claim.
Seeking Medical Treatment
In any work situation where you are injured, you have the right to seek medical treatment from a doctor of your choosing. Just like filing a workers’ comp claim, your employer may use various tactics to convince you seeking medical treatment is not necessary, or to use your own health insurance to pay for the treatment. Again, you have the right to refuse these demands.
Keeping Your Job
If you are injured at work, that does not give your employer the right to keep you from returning to your job once you have been medically cleared to do so. Likewise, during the period of time while you are off from work, you have the right to disability compensation. If your employer balks at either of these rights, you should immediately speak with an attorney.
If you file a workers’ comp claim and disagree with the decision rendered, you have the right to appeal. Also, if you disagree with any decisions of your employer or the employer’s insurance company, these can also be appealed.
Finally and most importantly of all, you have the right to be represented by an attorney throughout this process. If you are injured at work, it’s usually best to seek the advice of an attorney who specializes in workers’ compensation law. By having experienced and knowledgeable legal counsel early on, you’ll ensure your legal rights will be protected no matter what happens. The attorneys at Gersowitz Libo & Korek, P.C. have been winning cases involved people in these types of cases for over 30 years. Contact for Free Consultation.