Your Rights After a Workplace Accident

After suffering an injury from a workplace accident, you have several rights that a workers’ compensation attorney can help you secure.

These include the right to:

• Hire a workers' comp attorney to help throughout the workers' compensation process.
• File a workers' comp (or, in some cases, a third-party) claim for your injury.
• See a physician and seek medical treatment.
• Receive disability compensation if you cannot return to work permanently or temporarily because of your injury.
• Return to your job if you are released to return to work by your doctor.
• Appeal that decision if you disagree with any decision by your employer, the employer's insurance company, or the workers' comp court
• Say no and refuse requests or offers under certain circumstances—for example, if you suffered an injury, and your employer asks you to use your own health insurance to cover your medical expenses, or if your boss offers an incentive to try to convince you not to file a workers compensation claim, you have the right to say no.

Workers’ compensation laws allow you to pursue a claim without fear of retaliation or harassment from your employer. Employers who make this task difficult on employees can have strict and severe penalties imposed upon them under state laws. You should know that it’s illegal for your boss, supervisor, or human resources department to harass you or otherwise make it hard for you to perform job duties if your workers’ compensation claim is the reason for their behavior.

Can You File a Personal Injury Claim for a Work Accident, Injury, or Illness?

The workers’ compensation system is a no-fault system. You can’t hold your employer liable for your injuries, and in most cases, they can’t blame you for your injuries. As such, you cannot file a personal injury legal claim against your employer, even if they were to blame for the accident. However, following some workplace accidents, other parties can be liable in civil courts through a third party or personal injury claim.

For instance:

• If your accident involved a tool or a piece of machinery, you can possibly file a claim against the product's manufacturer. Sometimes a product is defective, which leads to a workplace accident and the resulting injuries.
• If your accident involved another party other than your employer or coworkers, you can file a claim against that party. Suppose your employer uses contract employees or contracts with other companies, and they are responsible for your workplace injuries. In that case, your lawyer might file a third-party injury claim against them.

Through a personal injury claim, you can receive compensation for your damages, such as:

• Medical expenses
• Lost income
• Pain and suffering
• Scarring and disfigurement
• Loss of enjoyment of life
• Loss of consortium

What Do Workers’ Comp Benefits Include?

Typically, you are entitled to receive medical expense benefits necessary to treat your injury if a workers’ compensation-approved doctor prescribes the treatment. Suppose you can’t return to your regular job. In that case, you can seek assistance finding new employment, including vocational counseling and job placement services.

If you are out of work, you may be entitled to disability benefits (depending on which state you work in), including:

• Temporary total disability benefits apply if you need time off work to recover from your work-related injury. Unless your injury keeps you from working for more than 21 days, you won't receive these benefits for the first seven days off.
• Permanent impairment benefits apply if your medical treatment is complete, but you will have a lasting medical condition or impairment due to your injury.
• Permanent total disability benefits apply if you have a permanent disability that will keep you from doing any work, even at a sedentary job.

Workplace injuries, including overuse injuries and illnesses, occur daily in every state. They can leave many employees wondering how they will recover from their injuries, pay their medical expenses, or pay their bills.

Thankfully, many injured employees have coverage under the workers’ compensation system. Waiting to find out if your workers’ comp claim is successful can be an extremely stressful time. You may be trying to recover from your physical injuries and making contingency plans for the future. Learning that your claim was successful might be one of the best days of your life, but what happens now?

Successful Workers’ Comp Claims

After reviewing your claim, the claims administrator will decide to either approve or deny it. If they accept your claim, your workers’ compensation benefits will cover further medical care. You may also be eligible for compensation for lost income replacement.

On the other hand, a claim denial means the administrator determined you are ineligible for benefits. Never give up in this situation. If you need to pursue benefits further, you should immediately consult with a workers’ compensation attorney who can help you appeal the denial.

Your Eligibility for Workers’ Compensation Disability Benefits

Based on your physician’s reports, the claims administrator will determine the benefits you are eligible to receive. Temporary workers’ comp benefits can begin shortly after your injury or illness if you cannot go to work for more than three days. However, your lawyer can only determine your eligibility for permanent benefits after your physician reports that you have reached maximum medical improvement (MMI), which might take several more weeks or months, depending on the type of injury or illness you suffer.

Getting Your Benefits

You should receive reimbursements for your medical care in a timely manner. You should receive disability benefits bi-weekly during the time chosen by the claims administrator. You may also be eligible for a Supplemental Job Displacement Benefit if you have a permanent partial disability and your employer doesn’t provide you with suitable work.

Unfortunately, workers’ comp claims don’t always go as you expect. For example, if you are having difficulties receiving the benefits you believe you deserve or recently suffered injuries on the job, you might not know what to do next. Never wait to reach out to a seasoned workers’ compensation attorney as soon as possible.

What Happens After a Claim Denial?

Learning that your workers’ compensation claim resulted in a denial can bring many concerns. For example, how will you pay your bills? Can you afford the medical care you need? Will you return to work and continue earning a living?

Just because the claims adjuster denied your claim doesn’t mean you have no other options. You still have several legal options regarding your claim, one of which is to pursue an appeal. Since many appeals are unsuccessful, it’s critical to have a workers’ comp appeals attorney help ensure your appeal resolves in the best way possible.