I Got Injured On The Job, What Are My Rights?

Getting injured on the job is always a risk for employees, especially those in hazardous jobs. In fact, according to the Bureau of Labor Statistics (BLS), about 2.8 million nonfatal work injuries were reported in 2022 alone.

If you’re part of the above statistics, you’re probably wondering what your rights are as an injured employee. And yes, you do have rights if you get injured at work – no matter what your employer or insurance carrier may say.

In this post, we’ll give you a rundown on your rights if you got injured on the job and how to exercise those rights.

YOUR RIGHTS AS AN INJURED WORKER

If you suffered a work-related injury, know that you have the right to:

1. CLAIM WORKERS COMPENSATION

Work injuries can be financially crippling for employees. That’s why the law ensures that they’re compensated.

Workers’ compensation laws vary per state. But in general, workers comp is a no-fault system. Meaning you can claim workers’ compensation regardless of who’s at fault. Suppose the injury happened while at work; you’ll qualify for compensation.

2. SEEK MEDICAL TREATMENT

If you’re hurt at work, then you have the right to seek medical treatment. No matter whether your injury is minor, you can see a doctor or go to the hospital.

Your workers’ compensation will also include medical benefits. This will cover all your medical bills, including emergency treatment, medications, doctor’s fees, and surgery (if necessary).

In some states, however, you must go to a treating doctor accredited by your insurance provider. Otherwise, your claim can get denied, and you won’t receive any medical benefits.

3. GO ON A JOB-PROTECTED LEAVE

The Family Medical Leave Act (FMLA) guarantees certain workers up to 12 weeks of unpaid, job-protected leave each year. It applies to:

• employees of all public agencies
• private and public elementary and secondary schools
• companies with 50 or more employees

Under this act, employees can file for up to 12 weeks of medical leave without getting fired if they suffer from a severe health condition.

4. FILE FOR DISABILITY BENEFITS (IF QUALIFIED)

If you meet the SSA’s requirements, you can file for disability benefits following a work injury.

The SSA offers two disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The former is for those who have paid enough social security taxes. In comparison, the latter is a needs-based benefit.

To qualify for SSDI, you must:

• have worked in jobs that pay social security taxes
• have a medical condition that meets the SSA’s definition of disability

If you don’t qualify for SSDI, you can still file for SSI as long as your medical condition prevents you from working or is expected to last for a year.

5. FILE AN APPEAL IF YOUR WORKERS COMP CLAIM IS DENIED

Employers and insurance providers aren’t known for their generosity. This is why workers comp claims are routinely denied at the initial stage.

If your claim is denied, know that you have the right to file an appeal.

Each state has a different appeals process. But in most cases, it starts with filing an appeal with your state’s workers’ compensation board. A mediation hearing will then be scheduled between you and your insurance provider.

If you still can’t agree on a settlement, the case will be taken before a workers comp judge. A workers comp hearing will be scheduled, and the judge renders their decision usually after a few months. Many workers comp claims that were initially denied get approved after this.

6. REASONABLE ACCOMMODATIONS WHEN RETURNING TO WORK

Sometimes, work injuries can cause permanent impairments. That’s why some injured workers who return to work do so with restrictions. This usually means they can’t go back to the kind of job they had before their injury.

In cases like this, you have the right to reasonable accommodation as provided in the Americans with Disabilities Act (ADA).

“Reasonable accommodation” refers to modifications or adjustments in the workplace to allow disabled employees to be as productive as their non-disabled colleagues. It can mean physical alterations like adding a ramp or changing the work schedule.

Your employer cannot fire you just because they can’t or are unwilling to provide you with reasonable accommodation unless it causes them an undue burden.