9 Legal Protections for Injured Workers You Should Know About
Suffering a workplace injury is a very challenging experience. However, there are several legal protections that are made to ensure injured workers receive the care, compensation, and job security they deserve.
Many workers are unaware of their rights, which leaves them vulnerable to denied claims, reduced benefits, or even retaliation from their employers. Understanding these legal protections is essential for securing the financial and medical support necessary for recovery.
Let’s read about some of such protections offered by the law.
1. The Right to Workers’ Compensation Benefits
Workers’ compensation is a no-fault system designed to provide financial and medical benefits to employees who suffer job-related injuries. Under this system, injured workers are entitled to coverage for medical treatment, lost wages, and rehabilitation services, regardless of who was at fault for the accident.
This protection ensures that employees can recover without the burden of excessive medical expenses or lost income. Each state has specific workers’ compensation laws that dictate eligibility, benefit limits, and claim procedures.
However, all employers (except for a few exemptions, such as certain independent contractors and self-employed individuals) are required to carry workers’ compensation insurance. If your employer tries to discourage you from filing a claim, you have the legal right to proceed with the process and seek the benefits you are entitled to.
2. Protection Against Employer Retaliation
One major concern injured workers face is employer retaliation. Many fear losing their jobs, facing demotions, or experiencing workplace discrimination after filing a workers’ compensation claim. However, the law explicitly prohibits employers from retaliating against employees who exercise their legal rights.
Retaliation can take many forms, including firing, reducing work hours, reassigning job duties unfairly, or creating a hostile work environment. If you experience any form of retaliation after reporting a workplace injury, you can take legal action against your employer. In many states, you may be eligible for additional compensation or job reinstatement if retaliation occurs.
3. The Right to Medical Treatment for Work-Related Injuries
Injured workers have the right to receive medical treatment for their work-related injuries at no personal cost. This includes emergency care, doctor’s visits, surgeries, physical therapy, and prescription medications. The employer’s workers’ compensation insurance is responsible for covering these expenses.
However, some states require injured workers to visit an approved healthcare provider within the employer’s network. If you are unsatisfied with the medical care you are receiving, you may have the right to request a second opinion or switch doctors. Keeping detailed records of your medical treatment and following your doctor’s recommendations are critical to ensuring your claim remains valid.
4. The Right to Legal Representation
In case you may not know, dealing with a workers’ compensation claim or workplace injury lawsuit can be very complex. On top of that, many injured workers are unsure of their rights. Fortunately, you have the legal right to hire an attorney to represent you in all aspects of your case.
An experienced workers’ compensation law firm like Pittman, Roberts & Welsh, PLLC can help you file a claim, appeal denials, negotiate settlements, and pursue third-party lawsuits. Many work injury attorneys work on a contingency basis, meaning you only pay if they win your case.
Getting expert legal assistance can significantly improve your chances of receiving fair compensation and protecting your rights.
5. The Right to Disability Benefits for Injuries
If a workplace injury leaves you unable to work for an extended period, you may be entitled to temporary or permanent disability benefits. Temporary disability benefits compensate for lost wages while you recover, while permanent disability benefits are awarded if your injury results in lasting impairments that prevent you from returning to your previous job.
The amount of disability compensation varies depending on the severity of your injury and your state’s laws. Some workers receive partial disability benefits if they can work in a limited capacity, while others receive total disability benefits if they are permanently unable to work. It’s important to understand the level of disability benefits you qualify for and to advocate for your rightful compensation.
6. The Right to Appeal a Denied Claim
Not all workers’ compensation claims are approved, and many injured employees face claim denials due to paperwork errors, employer disputes, or insufficient medical evidence. If your claim is denied, you have the legal right to appeal the decision and fight for the benefits you deserve.
The appeals process typically involves submitting additional documentation, attending hearings, and potentially seeking legal representation. A workers’ compensation attorney can help you gather necessary medical records, challenge unfair claim denials, and represent you in hearings before a judge or workers’ compensation board.
7. The Right to Sue Third Parties for Additional Compensation
While workers’ compensation provides essential benefits, it does not cover pain and suffering or punitive damages. However, if a third party (such as a manufacturer, contractor, or negligent driver) contributed to your workplace injury, you may have the right to file a personal injury lawsuit against them.
Third-party lawsuits can provide additional compensation beyond what workers’ compensation offers. For example, if a defective machine caused your injury, you could pursue legal action against the manufacturer for negligence.
8. Protection Under the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) protects injured workers who develop long-term disabilities due to workplace injuries. Employers must provide reasonable accommodations to help employees return to work, such as modified workstations, adjusted work hours, or job reassignments.
If an employer refuses to accommodate your disability or discriminates against you because of your injury, they may be violating federal law. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or take legal action to ensure your rights are upheld.
9. The Right to a Safe Workplace Under OSHA Regulations
The Occupational Safety and Health Administration (OSHA) sets workplace safety standards to prevent injuries and protect employees. Employers are legally required to comply with OSHA regulations, provide proper training, and maintain a safe working environment.
If you are injured due to unsafe workplace conditions, you have the right to report the violation to OSHA without fear of retaliation. OSHA can investigate unsafe work environments, issue fines to non-compliant employers, and enforce corrective actions. Ensuring workplace safety benefits both employees and businesses by reducing the risk of future accidents.
