Understanding Work Related Injuries and Your Rights
You've been injured while on the job; regardless if the injury occurs while performing work related duties or not, you are entitled to workers' compensation benefits. But, what are your rights as an injured employee?
Workers' compensation laws vary from state to state; therefore the governing of workers' compensation benefits, or the requirements which mandate that an employer must purchase workers' compensation insurance are state regulated. This can greatly impact the benefits an employee is able to receive, and the process for submission of a workers' compensation claim can be very complicated. Retaining a personal injury attorney to represent you concerning your rights, and prevent any possibility of loss of benefits may be advisable.
As an injured employee eligible for workers' compensation benefits, not only should all medical costs be completely covered including rehabilitation and/or physical therapy, but lost wages should also be included. How are the lost wages determined? Are they different if the employee is salaried or hourly waged? Many insurers require that an injured employee be treated by the insurer's physician. Does an employee have the right to seek a second opinion? Having the advice of attorney trained to deal with these types of issues can be the determining factor for an employee to fully recover physically and financially from a work related injury.
The fact is that insurance adjusters who determine the outcome of what will or will not be paid to a claimant (injured employee) work for the insurance company. Those people are paid to keep the amount of the claim as low as possible and may not have the injured employee's best interest in mind, in some cases insurance companies will deny claims even if they know they are legitimate, this is covered by insurance bad faith laws. Omissions of time limits on various requirements for paperwork, or what options an injured employee may have can be possible. The average employee most likely will not have the information provided to them in order to receive all benefits that he or she may be entitled to.
If you or a loved one is injured on the job, it can be a serious loss in many ways if not handled properly. Having someone working on your side can be a smart move to make.