Rights When Hurt at Work

The rights of the injured worker fall under a group of laws called Workman's Compensation. Instead of suing the employer, the injured worker has the right to seek remedy by filing a claim for compensation.

  1. Medical Care

    • Within 24 hours of completing an employee's claim form for Workman's Compensation, the injured worker is entitled to receive medical care. The medical records of the injured worker is considered to be private and shall not be disclosed unless its relating to treatment or concerning accommodations for employment.

    Benefits

    • Generally, the injured worker is entitled to receive 62 percent (or two-thirds) of his weekly gross income. If permanently incapacitated, the injured worker can receive a lump sum settlement. In the case of death, the dependents of the worker will receive benefits.

    Rehabilitation

    • The injured worker is entitled to vocational assessment and vocational rehabilitation; the goal of this opportunity is to return the worker to his highest capacity within a reasonable time period.

    Significance

    • The injured worker has the right to be treated with respect by those who are giving treatment or advice within the Workman's Compensation system. The worker is entitled to a prompt hearing for any disputes concerning his care.

    Considerations

    • An injured worker has the right to seek the advice of an attorney who specializes in Workman's Compensation laws within his state.

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