Six Key Advocates Frequently Overlook Their Rights Post Injury
Six Overlooked Legal Entitlements for Injured Workers
Injured workers often face numerous challenges when navigating the complex workers' compensation system. However, it is crucial for them to be aware of their legal entitlements to ensure they receive the care and compensation they are entitled to. Here are six essential rights that are frequently overlooked:
- Right to Comprehensive Medical Treatment Paid by Employer
Injured workers are entitled to all reasonable and necessary medical care related to their work injury, including doctor visits, diagnostics, surgery, hospitalization, rehabilitation costs, and sometimes travel expenses, paid for by the employer's workers' compensation insurance.
- Right to Choose Treating Physicians
Workers typically have the right to select up to two treating doctors, and any additional medical providers must be approved or referred within the workers' comp system. Choosing a doctor with no financial ties to the employer or insurer is advisable.
- Right to a Safe Work Environment / Employer’s Duty to Provide Safety Equipment
Employers must provide legally required safety equipment to prevent injury. Failure to do so can result in OSHA violations and can give rise to additional legal claims beyond workers' comp if a "grave injury" occurs or third parties are involved.
- Right to File a Workers’ Compensation Claim and Receive Wage Replacement
Injured workers are entitled to file claims and receive benefits such as temporary total disability payments, which cover a set percentage of lost wages during recovery, including retroactive pay after waiting periods.
- Right to Disability Compensation Beyond Temporary Disability
Benefits include temporary partial disability for reduced work capacity, permanent partial disability for long-term impairment, and loss of wage-earning capacity if medical restrictions prevent return to previous work pay.
- Right to Appeal Denials or Disputes in Claims Decisions
Injured workers can appeal claim denials or disagreements over treatment authorization, disability ratings, or compensation amounts. Access to legal guidance is critical for navigating this process and protecting their rights.
These rights are essential but often overlooked due to the complexity of the workers’ compensation system and the attempts by insurers to limit benefits or delay care. Awareness and legal counsel can significantly improve outcomes for injured workers.
Other important rights include the right to refuse work that worsens their injury or disregards their doctor's recommendations, the right to independent medical opinions in case of disputes over the seriousness of a worker's condition or the timeline for returning to work, and the right to delay medical care without it being interpreted as evidence that the injury wasn't serious or even real.
Workers should keep written documentation of any attempts to push them back into unsafe tasks, and inform their healthcare provider immediately. It is also advisable to consult a qualified legal advocate or a workplace injury attorney to guide them through the steps needed to protect their rights.
Finally, don't accept a lower rating or settlement without reviewing it with someone who understands your rights. Delaying medical care after a workplace injury can weaken a claim, so it is essential to seek prompt medical attention and follow your doctor's recommendations for treatment.
- Injured workers have the right to integrate health-and-wellness practices, such as fitness-and-exercise and mental-health therapies-and-treatments, into their workplace-wellness routine to aid in their recovery and overall health restoration.
- To ensure a comprehensive approach to their medical care, injured workers are also entitled to consider work-life balance adjustments, accommodating their health needs, such as flexible schedules or work-from-home arrangements, to better accommodate recovery and long-term well-being.
- In collaboration with legal counsel, injured workers may also seek negotiations for reasonable accommodations in the workplace, as per the Americans with Disabilities Act (ADA), to promote an inclusive environment that supports their health-and-wellness journey post-injury.
