Medical Compensation Claim

Worker’s compensation laws have been enacted in every state to provide employees with compensation when they are injured on the job.  Those laws vary from state to state, but all states require that an employer ensure the treatment and recovery that is necessary and appropriate for such an injury.  Most such injuries take place on the premises of the employer’s business; however, in some instances injury may occur while the employee is off site, doing tasks related to the job.  Those injuries are generally also covered by worker’s compensation insurance.

Medical Care for Workers Comp   

The foremost consideration for an employer and employee who is injured on the job is to obtain the appropriate care for the injured worker.   An employer should ensure that all supervisors and, if possible, employees know the steps to take when an employee is injured.

• File a worker’s compensation claim, as long as your injury is not an emergency
• Choose the appropriate doctor to treat the injury, if your employer offers options
• Obtain appropriate medical care
• Analyze whether the injury and the employee are eligible for worker’s compensation
  

If an employer bars an employee from pursing a worker’s compensation claim, or if you have been injured and are unsure about the laws in your state, it may be wise to contact a worker’s compensation attorney to help you pursue all the necessary steps and to make sure that you are not denied any of your rights.

Employer Violations

In some cases when an employee is injured on the job, an employer may attempt to hinder that employee’s attempts to file a worker’s compensation claim or to obtain the compensation they deserve.  Some of the methods used include:

• Threats of reprimand
• Threats of being fired
• Language barriers
• Cultural barriers
• Employee’s misunderstanding or misinformation about worker’s compensation laws
• Employer’s who offer rewards for those individuals or departments who have fewer claims

In addition, the employer may require treatment by a company-mandated physician who does not give your injury the attention it deserves or may report that there is no injury.  The insurer may also ask you to pay extensive medical fees up front, which are prohibitive.  Employers do not have the right to put up such hindrances, and any employees who is injured on the job should not allow themselves to be intimidated in this way.  If you believe you are facing these kinds of abuses, you have the right to contact an attorney to help you gain the worker’s compensation to deserve.

Compensation Rights

If you truly have been injured on the job, you have a legal right to compensation from your employer.  You should never allow an employer to talk you out of getting the care and compensation you deserve.  If you can, file your worker’s compensation claim first.  Then see a medical professional to learn if you need treatment immediately.  Your health can be affected for years to come if you let yourself be talked out of getting the care you need.  If your employer tries to stop you from filing a claim, consult an attorney to learn what your next step should be.  Your health and care are the most important issues right now, and no employer has the right to deny you the appropriate care.

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