Workers' Comp Rights

An employee receiving workers' compensation benefits is entitled to immediate care for the work-related injury, including emergency room visits. Some states allow an employee to receive worker's compensation insurance for long-term injuries that have occurred due to working conditions. Employees have the right to full medical benefits for work-related injuries, as well as wage compensation.

  1. Workers' Compensation Insurance

    • Most employers are required by law to purchase workers' compensation insurance, but some are exempt because of varying state laws (for instance, having fewer than three employees in some states).

    What's Covered

    • An employee is generally has the right to receive worker's compensation for any work-related injury, regardless if the employer or employee is at fault. However, each state has its own guidelines on this. Usually a claim will be denied if the employee intentionally caused the injury, such as staging a fall or accident, or operating dangerous machinery while under the influence of alcohol or illegal drugs.

    Long Term Injuries

    • Employees can receive workers' compensation insurance for injuries that have occurred over a long period, such as carpal tunnel. Some long-term diseases that are the result of work conditions, such as lung disease and heart condition, may be covered.

    Outside The Workplace

    • Employees injured off company property are eligible to receive workers' compensation benefits if she was conducting work-related business at the time of the injury. This includes outside sales representatives, employees traveling to conduct business, someone hurt at a business-related social function and employees running errands for the company.

    Choosing A Physician

    • Usually an employer can choose the physician while the employee receives workers' compensation benefits. Some states allow the employee to choose the doctor if he notifies the employer of this preference before the injury occurred. An employee has the right to a second opinion, but if the physician is not approved by the employer, the second opinion may not be covered under workers' compensation insurance.

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