The O'Brien Firm

Know Your Rights as an Injured Worker

If you get hurt at work in the US, you have legal rights to protect your health, income and employment status. Most employees are covered by state workers’ comp laws which provide benefits regardless of who was at fault. Your core rights include filing a workers’ comp claim, getting medical treatment and wage replacement if you can’t work. Employers can’t retaliate against you for reporting an injury or filing a claim. You may also be eligible for disability benefits if your injury results in temporary or permanent impairment and you have the right to refuse unsafe work and access to workplace hazards.

Immediate Steps to Take After a Workplace Injury

First and foremost, your health and safety. Get medical attention right away, even if the injury seems minor. Medical care not only protects you but also creates important documentation for your claim. If possible, ask your supervisor to authorize treatment and provide any necessary forms before you see a doctor. In an emergency, get care right away and notify your employer as soon as possible afterwards.

Report your injury to your supervisor or manager as soon as possible—ideally within 30 days as required in most states. Delays in reporting can jeopardize your benefits. Fill out a workplace injury report and keep a copy for your records. This report should detail how, when and where the injury occurred, the nature of your injuries and any witnesses present.

Filing a Workers’ Compensation Claim

After reporting your injury and getting medical care, your next step is to file a workers’ comp claim. Your employer should give you the forms but you can also contact your state’s workers’ comp board for guidance. File your claim as soon as possible as deadlines vary by state but are usually within one year of the injury. Include all supporting documentation such as medical records and the injury report.

Workers’ comp benefits usually cover medical expenses, a portion of lost wages and if needed, vocational rehab to get you back to work. If your injury results in a disability you may be eligible for additional benefits. Some states also allow you to choose your own doctor while others require you to see an employer approved provider.

Legal Protections and Next Steps

It’s illegal for your employer to harass, threaten or retaliate against you for filing a claim or seeking medical care. If you experience any discrimination or your claim is denied you have the right to appeal and get legal representation. A workers’ comp attorney can help you through the process, protect your rights and assist with appeals if needed.

Preventing Future Injuries

After your injury your employer should investigate the incident and fix any workplace hazards to prevent future accidents. You also have the right to request safety training and information about hazardous materials or conditions in your workplace.

Knowing your rights and following these steps will get you the care, benefits and legal protections you deserve after a workplace injury. If you have any questions at all, contact a qualified workers’ comp attorney.