Your Rights as an Injured Worker
Experienced Richmond Workers’ Comp Attorneys – (804) 823-2050
Workplace injuries can force workers to take time off work to recover, which can cost them income as they recover. These workers may also be faced with expensive medical bills. If you’ve been injured while on the job, you have rights that will protect you. Our Richmond workers’ compensation attorneys can help protect your rights.
Don’t hesitate to get the help you need! Contact Harbison & Kavanagh today.
What are My Rights as an Injured Worker?
If you’ve been injured on the job, you have certain rights. These rights are intended to protect you and ensure that you get the necessary compensation for your medical care. Learn what your rights are as an injured worker.
Your rights include:
- The right to file a workers' compensation claim for your injury or occupational disease.
- The right to seek medical treatment from a physician.
- The right to return to work when your doctor has approved your release.
- The right to receive disability pay if you are partially or permanently disabled by your injuries.
- The right to appeal a denial of your workers’ compensation benefits.
- The right to be represented by an attorney though the entire claim process.
Your medical care should be covered by your employer’s workers’ compensation insurance. If you are pressured to use your own health insurance or pay your medical expenses out of pocket, your employer is violating your rights. You are free to refuse these requests.
You also have a right to file your claim, even if your employer is pressuring you not to file your claim. Your employer is also forbidden from taking retaliatory action or harassing you for filing a workers’ compensation claim. Your employer may not terminate your employment if you are injured on the job and need to take time off work to recover. If your employer tries to prevent you from exercising your rights, the penalties can be quite serious.
What are My Rights Against Third Parties?
If you are injured at work, there can be a third party to blame. Negligence can lead to on the job injuries. In a workers’ comp claim, you do not need to prove fault in the accident that caused your injury. If you want to bring a negligence claim against another party, you will need to present evidence that proves the negligence of the other party. These claims can include product liability claims against manufacturers of faulty equipment. They can also include negligence claims against others you interact with in your work, such as delivery drivers or maintenance workers.
Civil lawsuits such as these negligence claims are not handled by the workers’ compensation system, but rather are handled in civil court. If you are injured at work due to a third party, you have the right to pursue legal action against them. These types of claims can award different damages. Typically, workers’ compensation is intended to reimburse your medical expenses and lost wages. These claims cannot compensate you for pain and suffering or emotional trauma. Third party claims, however, are able to pay non-economic damages. You can seek compensation for emotional or mental trauma, pain and suffering, decreased enjoyment of life, and other damages that are more subjective.
Protect Your Rights with Our Richmond Workers’ Compensation Lawyers - (804) 823-2050
At Harbison & Kavanagh, we are dedicated to protecting injured workers’ and helping them recover the compensation they deserve. Our team of Richmond workers’ comp attorneys believe that our clients are our first priority. You can trust that your needs and goals for your claim will be listened to, and we will develop a unique strategy to help you meet your needs. We believe that every claim is unique, so we never take a cookie cutter approach to our clients. Our team will stay in constant communication about your case and ensure that you are up-to-date on the latest changes of your claim.
We know that this is one of the toughest times of your life. We are committed to helping you through this difficult time and we want to help you ensure that you receive the compensation you need. We will fight for your right to compensation. Our attorneys are available to help you today.
Contact our firm by calling (804) 823-2050 today to schedule a free consultation.
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Immediately tell your supervisor or employer about the injury.
Do not give a recorded statement to an insurance company.
You have the right to pick your physician from a provided list.
You have 2 years to file a claim with the Workers’ Compensation Commission.
Call Harbison & Kavanagh for a FREE online consultation.