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What are my rights under workers’ compensation?

| Apr 15, 2021 | Workers' Compensation |

Workers’ compensation provides you benefits for suffering an injury at work. Along with those benefits, you have certain rights you should expect.

The Department of Labor & Workforce Development explains that your main rights are to request benefits by filing a report and to not have your employer fire you or otherwise retaliate against you for doing so. There are some additional rights of which you want to be aware.

Medical care

You also have the right to complete medical care for your injury or illness. This includes immediate care and any other care, including ongoing, that your medical provider says is necessary. The insurer must honor a medical order. While the insurer can request you seek a second opinion for a doctor it chooses, it cannot deny you care for unreasonable reasons.

Protection

Beyond protection from retaliation, you also have the right to be free from discrimination or harassment that results from you filing a claim. Your employer cannot treat you differently or do anything to bring you harm due to your worker’s compensation case.

Appeals

You also have the right to appeal decisions the insurer may make. You can have a hearing and get the Court of Workers’ Compensation Claims involved in the process.

Do keep in mind that while you have rights, you still have to follow the correct procedures and rules of the program. If something happens because you missed a deadline or did not provide proper information, then it is not a protected action. In addition, if your injury or illness is not a result of something occurring during the course of your job, then you will not have a claim and may not have the same rights.