Going through the legalities of a workers compensation claim due to an injury or illness sustained while on the job, can be stressful and complicated. For those needing help for a work-related injury, can consult with a workers comp lawyer Brooklyn relies on. You are likely in a large amount of discomfort or pain, and are not sure what happens next. We have provided some answers to commonly asked questions about workers compensation injuries or illnesses, so you get a better understanding of the process and your rights.
How Should I Respond If I Am Injured?
Immediately following an injury while on the job, we recommend taking the following steps:
- Report your injury to a manager or supervisor right away
- Request to be seen by a doctor for treatments
- Complete a workers compensation form
Until the injury claim has been filed, your employer may have no obligation to provide benefits. Follow up with your employer to make sure your claim has been filed in a timely and responsible manner. All too often, workers make the mistake of waiting until they are in a great amount of pain before filing a claim. Through reporting the incident promptly it can prevent your benefits from being delayed.
Do I Have to See a Company Doctor for Medical Treatment?
As a worker who was injured while on the job, you have a right to receive medical treatment. However, it does vary by state as to whether you must see a company doctor, or can opt to be seen by your own instead. If you are not satisfied with your treatment, you can change company doctors. Depending on your state, you may also be able to choose your preferred doctor prior to treatment.
What Kind of Benefits Can an Employee Receive?
In most cases, an employee is entitled to the four basic standards of benefits:
- Disability Payments: if you are not able to work temporarily due to recovering, there can be partial compensation for any lost wages during that time.
- Medical Treatments: workers compensation insurance covers medical costs related to treatment of your injury or illness, in an effort to lessen or cure symptoms.
- Permanent Disability: if your injury causes you to be permanently impaired or restricted, you can receive compensation depending on the severity.
- Vocational Rehabilitation: this entails paid training for a new employment opportunity, if you are unable to return to your regular job and your employer was unable to provide modified work.
As an injured or ill employee, you have legal rights to treatment. It is unlawful for your employer to either retaliate against you for filing a workers compensation claim, or to negligently mishandle your paperwork. If you feel you are not receiving adequate or a maximum amount of benefits, contact a workers compensation attorney for assistance.
Thanks to our friends and contributors from Polsky, Shouldice & Rosen, PC for their insight into workers compensation.
