When an employee suffers a workplace injury, it can be a traumatic experience that affects their physical, emotional, and financial well-being. Workplace injuries can vary in severity, but regardless of the extent, the injured employee has certain rights that protect them from unfair treatment and provide them with compensation.
This article will discuss those rights and how to get proper injured worker compensation.
Reporting
The first step is to document the injury to your employer immediately. In most cases, employers have a process for reporting workplace injuries, and the injured employee should follow that process and report the damage to the designated person or department. The employer will investigate the incident and determine whether workers’ compensation insurance covers the injury.
Workers’ Compensation
Workers’ compensation insurance is designed to provide workers with benefits to cover medical expenses and lost wages resulting from workplace injuries. This insurance is mandatory in most states and is designed to protect employers and employees, and it benefits injured workers regardless of who was at fault for the injury.
Medical Treatment
Under workers’ compensation, the injured employee has the right to medical treatment that is reasonable and necessary to treat their injury. This includes doctor’s visits, surgeries, hospitalization, prescription medications, physical therapy, and other related medical services. The injured worker may be required to see a doctor chosen by their employer or insurance company, but they also have the right to request a second opinion from a doctor of their choosing.
Lost Wages
In addition to medical treatment, workers’ compensation provides injured workers with wage replacement benefits. This is typically a percentage of the worker’s average weekly wage, and the amount can differ depending on the severity of the injury and the state in which the injury occurred. The injured worker has the right to receive these benefits until they can return to work or until they reach maximum medical improvement.
Disability Benefits
When injured employees cannot return to work, injured worker compensation may provide disability benefits. These benefits are intended to offset injured workers’ loss of income due to their inability to work. The amount of disability benefits can vary depending on the severity of the injury, the worker’s age, and the state in which the injury occurred.
Appealing a Denial of Benefits
Sometimes, their employer or insurance company may deny the injured employee’s claim for workers’ comp benefits. If this happens, the injured worker can appeal the decision. The appeals process can vary by state but typically involves filing an appeal with the state workers’ compensation board. The injured worker may also consider hiring an attorney to assist with the appeals process.
Third-Party Claims
In some cases, a workplace injury may be caused by a third party, such as a contractor or manufacturer of faulty equipment. In these situations, the injured worker may have the right to pursue a third-party claim besides their workers’ compensation benefits. This can include a personal injury lawsuit against the responsible party to recover damages not covered by workers’ compensation.
Retaliation Protection
Finally, it’s important to note that injured employees are protected from retaliation by their employer for reporting a workplace injury or filing a workers’ comp claim. Retaliation can include termination, demotion, or other adverse actions the employer takes against the injured worker. If an employer retaliates against an injured worker, the worker can file a complaint with the appropriate state agency.
Conclusion
Employees who suffer a workplace injury have certain rights that protect them from unfair treatment and provide them with compensation. These rights include the right to report the damage, receive medical treatment, wage replacement benefits, disability benefits, and appeal a denial of benefits.
