Every state protects its workers by establishing rules concerning safety and the right to be compensated if they are hurt while working. The workers' compensation board in your state can fill you in on the rules if you visit their website. However, if you have been hurt on the job, you will need to do more than that if you expect to take advantage of those rights. Below are several such rights that some hurt workers may not know about.
Filing a Claim
If your employer denies you the opportunity to file a claim with their workers' compensation insurer, that is against the rules, and they should be reported to your state agency overseeing workers and workers' compensation. Speak to a lawyer if you are unable to get help from the governing boards.
Appealing Denied Claims
Workers' compensation claims are denied routinely for various reasons. Some of those reasons, however, are not justified — like these:
- The injury was not serious enough to prevent you from doing your job. This means your injury should be severe enough to require a visit to a medical facility and cannot be remedied with a first-aid kit.
- Your injury is not serious enough to require recuperation at home. That means your right to be paid disability payments while you stay home and get better may be in jeopardy.
- The injury did not happen at work, or it was the result of a preexisting condition. You don't necessarily have to be on the job when you discover that you are hurt or when you get hurt. Nearly all work-related injuries are covered regardless of where they occurred.
If you have been turned down for benefits after you file a claim, you can appeal the ruling. Workers should not assume that the denial is the end of the road — it may be just the beginning.
Workers' Comp Covers All Types of Injuries
Some workers wrongly associate only sudden physical injuries with workers' comp but that is not the complete story. Anything that affects you enough to prevent you from working should be covered. That includes these issues:
- PTSD (post-traumatic stress disorder) from witnessing or being involved in a traumatic incident at work.
- Occupational disorders caused by environmental or toxic workplaces. For example, you might be exposed to dangerous substances in your work and your employer failed to protect you from them.
- Slow-to-show injuries like carpal tunnel syndrome brought on by constant wrist movements in the course of your job.
Some workers may never need to consult with a workers' comp attorney, but many find that they have no choice if they are to be paid what they deserve in benefits. This insurance is supposed to cover you — see to it that it does by speaking to a workers' compensation lawyer.
If you've been injured at work, speak to a law firm, such as Allen Law Group.
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