When an injury happens on the job, it can feel overwhelming to navigate the consequences. Understanding workers’ compensation and workman’s comp rights can help ensure you receive the support and financial security needed during a challenging time.
What Are Workman’s Comp Rights?
Workman’s compensation, or worker’s comp, is a system supporting employees who experience work-related injuries or illnesses. This insurance program ensures that injured workers receive financial compensation for expenses, including:
- Medical bills
- Lost wages
- Pain and suffering
- Rehabilitation
- And more
In most states, employers are required to carry workman’s comp insurance, meaning employees generally don’t have to prove fault to receive benefits. Furthermore, workman’s comp rights are designed as a no-fault model, which prioritizes timely support for workers without the need for lengthy legal battles.
Accepting a workman’s compensation means waiving your right to sue employers for damages. Also, workman’s comp rights are different than disability insurance, unemployment benefits, or personal injury settlement payouts. The primary purpose is to help injured employees get back on their feet and back to work as soon as possible.
If the workplace injury or illness prevents a worker from returning to their previous role, the system can provide additional benefits to cover wage loss. It may also include vocational training for a new position. Discuss your workman’s comp rights, responsibilities, and options with the legal team at Herren Adams.
Understanding Workers’ Compensation & Your Rights
Knowing what workman’s comp rights and benefits you’re entitled to is an essential first step. For example, an employer cannot treat you badly, punish or fire you, or discriminate against you in any way for having a workplace-related injury, illness, or disability or for filing a workman’s compensation claim. You have a right to justice and appropriate compensation.
You also have a right to medical care related to your work injury or illness. This right covers the full spectrum of medical treatment, including doctor visits, surgeries, prescriptions, physical therapy, and medical equipment. Let’s explore five more fundamental workman’s comp rights:
The Right to Compensation for Lost Wages
You are entitled to wage loss benefits if your injury or illness stops you from earning an income. Wage loss benefits are usually calculated as a percentage of your weekly earnings before the incident. In most cases, recipients can expect about 2/3 of their regular income during the disability period.
Next, understanding worker’s compensation means studying these wage replacement benefit options:
- Temporary Total Disability (TTD)
- Temporary Partial Disability (TPD)
- Permanent Total Disability (PTD)
- Permanent Partial Disability (PPD)
Each state has different guidelines and laws governing workman’s comp rights and benefits. Consult the experts at Herren Adams to learn more.
The Right to Return to Work
Workman’s comp rights protect your job, meaning an employer can’t discriminate against you or terminate your employment solely because you filed a claim or require “light duty” or “modified” roles. If your injury prevents you from returning to your former position, your employer may need to make reasonable accommodations to help you transition into a different role.
The Right to Dispute a Denied Claim
Not every workman’s comp claim is approved. However, employees have the right to appeal denied claims. This is why understanding worker’s compensation laws and rights is crucial, as is working with an experienced legal team that can help you file appeals.
If your workman’s comp claim is rejected, you should receive a detailed explanation outlining the reasons. Therefore, a worker’s comp lawyer can help guide you through the dispute process and increase your chances of a favorable outcome.
The Right to Confidentiality
Employers and insurance companies must handle your data carefully and confidentially. They must also ensure that your medical records are not unnecessarily disclosed or misused. If you feel your privacy rights have been violated, you have grounds for further legal action.
The Right to Vocational Rehabilitation
Vocational rehabilitation benefits from worker’s comp insurance help injured workers acquire the skills and training necessary for a different job within the same company. Vocational rehab programs vary from state to state but typically include career counseling, resume assistance, education courses, and job training. Ask your legal team for more information.
Conclusion
If you have been injured at work, report the injuries immediately, keep detailed records, and follow medical advice. Stay informed of your workman’s comp rights and consider legal representation to ensure you’re treated fairly.
Understanding workers’ compensation may mean asking questions and consulting an attorney. At Herren Adams, we specialize in protecting the rights of workers like you. Contact us today to schedule a consultation, and let us advocate for your best interests.
