Know Your Workers’ Compensation Rights
You need to know your Workers’ Compensation rights. The Workers’ Compensation law resulted from a compromise which was struck over 100 years ago, between employers and employees, during the industrial revolution. The concern was that the overall relationship between employers and their employees would suffer if employees were constantly filing lawsuits for personal injuries which they sustained on the job, and that this would in turn, harm business as a whole. Consequently, they made certain trade-offs. And Workers’ Compensation became the “exclusive remedy” available to injured workers, except under special circumstances.
Workers’ Compensation Typically Does Not Provide Full Damages
Workers’ Comp typically does not provide for damages that people are entitled to when they are injured while not in the “course and scope” of their employment and they sustain a personal injury as the result of another person’s negligence (called a “tort”). Tort damages include pain and suffering, loss of enjoyment of life, unlimited future lost wages, etc. You generally do not receive those damages with Workers’ Comp. However, you don’t need to prove negligence on the part of your employer as you do with a tort claim. Likewise, your negligence is not at issue. It doesn’t matter that you may have been at fault for your accident and resulting injuries. Workers’ comp is a “no fault” system. That’s the trade-off.
Call Shawn Murray now at (985) 624-9393 to discuss your claim for workers’ compensation!
Workers’ Compensation Can Apply In Various Circumstances
Workers’ compensation injuries do not just include accidents that happen at your employers place of business or on the jobsite. Injured workers are also entitled to workers’ comp benefits in other situations, such as when they are in an accident driving a company vehicle, when they are in an accident in their own vehicle when the employer is providing mileage reimbursement, and when traveling somewhere at the request of the employer (running an errand, going to pick up supplies, etc.). The specific facts are needed to determine if workers’ compensation benefits are owed. You may even be entitled to tort damages, as well as workers’ comp benefits, when you are injured due to the negligence of an employee working for another subcontractor, for example. That’s why you need an experienced Workers’ Comp lawyer.
Know your Workers’ Compensation rights! Call Mr. Murray to discuss your claim now: (985) 624-9393.
Know your Workers’ Compensation rights
- You have the right to choose your treating physician/physicians in any area or specialty of medicine
- You have the right to reasonable and necessary medical testing, treatment and medications for your work injury/injuries without limitation
- You have the right to receive lost wage benefits when you are unable to work and when you have suffered a loss of future earning capacity
- You have the right to be provided with vocational rehabilitation counseling services to help you return to the workforce
- You have the right to receive mileage reimbursement (or have transportation provided) for necessary medical and vocational rehabilitation travel
What do you need to do to protect your rights?
- You need to report your accident to a supervisor at the earliest possible opportunity
- You need to seek medical attention immediately and follow-up with your physicians as instructed
- You need to provide a complete and accurate medical history to every physician that you see
- You need to follow all your doctor’s instructions so that you can recover as quickly as possible
- You need to keep track of all miles traveled for medical treatment, testing, and prescriptions