I Got Hurt at Work — What Are My Rights?

If you were injured at work, immediately report this injury to a supervisor, as workers’ compensation benefits may be available to you. In Kansas, workers’ compensation is designed to give injured workers benefits without the need to pursue a legal claim against their employer. After you have sustained a work-related injury, it is important to act quickly and keep copies of all your relevant forms, such as your work accident report. 

Some states have a statute of limitations in place, which puts a deadline on the window of time in which you can file a workers’ compensation claim after an injury or illness. To avoid losing your right to compensation, you should file your claim as soon as possible. 

Understanding Your Rights as an Injured Employee

Workers’ compensation protects injured workers by offering income while they are unable to work and benefits that cover the costs of their medical treatment. If an employee was killed on the job, workers’ compensation may also be able to provide death benefits to the employee’s family.

Workers’ compensation is a benefit you do not need to pay for. Instead, your employer pays for this coverage. Employers are required by law to carry this insurance for each of their eligible employees. In exchange for these benefits, employees agree not to sue employers for injuries or death. 

In every state, employers must provide employees with a reasonably healthy and safe work environment. Unfortunately, employers sometimes do not fulfill this duty to their employees, and employees suffer injuries or illnesses as a result. Other times, despite an employer’s efforts to keep a workplace safe, employees may still be injured. 

Work-related injuries can include:

• Broken bones
• Burns
• Strains
• Cuts
• Sprains
• Lacerations
• Stress injuries 
• Falls
• Muscle tears
• Occupational illnesses
• Psychological injuries
• Repetitive motion injuries
• Aggravations of preexisting conditions

Most work-related injuries are caused by overexertion, contacting objects or equipment and slips and falls. Employees in some occupations are at a higher risk of suffering work-related injuries, such as service-related jobs, construction, production and manufacturing, shipping and transportation and maintenance installation and repair.

Workers’ compensation exists to protect your legal rights if you are injured at work. You can exercise these rights by reporting your injury as soon as possible to your employer. After you have reported the injury, your next step is to file a workers’ compensation claim. This gives your employer, employer’s insurance company and the court a formal notice of your work-related injury.

Once you file your workers’ compensation claim, certain protections are immediately put into place. While workers’ compensation laws depend on your state, the following details a general list of common rights across states. 

Rights You Have as an Injured Employee to Act

From state to state, the laws and legal procedures for workers’ compensation vary. However, an injured employee may have the following common legal rights:

• Right to file a claim: One of your rights is the right to file a workers’ compensation claim for your illness or injury in the state industrial court or workers’ compensation court.
• Right to legal representation: You have the right to be represented by a lawyer during the process of filing your claim and pursuing your workers’ compensation benefits.
• Right to seek medical attention: You have the right to visit a doctor for medical attention and receive medical treatment for your work-related illness or injury.
• Right to return to your job: You have the right to return to your job if you are released by your physician to do so. 
• Right to disability compensation: You have the right to some type of disability compensation if you are permanently or temporarily unable to get back to work due to your illness or injury. 
• Right to appeal decisions: You have the right to appeal decisions from higher authorities like employers or insurance companies if you do not agree with them.

Rights You Have as an Injured Employee to Refuse

While the previous list is of your rights to act, as an injured employee, you also have the right to refuse certain requests or offers, such as:

• Right to decline the use of your health insurance: You have the right to say no if an employer encourages you to use your own health insurance to cover your medical treatment.
• Right to decline illegal incentives: You have the right to say no to illegal incentives, such as if your employer asks you not to file for workers’ compensation in exchange for a raise or other incentive.

Under workers’ compensation laws, you can pursue a claim without fear of harassment or reprisal from your employer. If your employer has been making it challenging for you to exercise these rights freely, the penalties that can be imposed on your employer may be severe. After you have sustained a work-related injury, it is illegal for your supervisor to harass you or make it hard for you to do your job because you have decided to file a workers’ compensation claim.

What Are My Rights Against Third Parties?

Third parties can sometimes be responsible for injuries that occur at the workplace or while performing your job duties. Fortunately, injured employees have rights against third parties. The following are some examples of situations in which a third party may be responsible: 

• Defective product: Some accidents in the workplace take place because a tool was defective. Maybe you used brakes that malfunctioned and caused the accident or a tool that caused electric shock. The person or entity responsible could be the manufacturer or designer of the defective product you use in the workplace. 
• Toxic substance: You could be injured at work if you are exposed to a toxic chemical or substance. In this instance, you may be able to file a third-party claim against the manufacturer of this substance.
• Car accident: If a car accident occurred while you were performing work-related tasks, you may be able to both file a workers’ compensation claim and sue the at-fault driver.
• Property owner liability: You may also be injured while you are on another person’s property. For example, if you are bitten by a dog while making a sales visit, you may be able to make a third-party claim against the property owner.
• Construction site accident: An injury that occurs at a construction site may result in a third-party claim, as several different companies may have workers on-site. If you are the employee of a subcontractor, you may be able to make a third-party claim against the general contractor, as this person is usually responsible for the safety of workers on the job site.

If a third party was responsible for your injury in the workplace, you have the right to file what is referred to as a third-party claim against the person or entity. Typically, a third-party claim takes the form of a civil lawsuit and is filed in state or federal court rather than in workers’ compensation court.

Through a civil lawsuit, an injured worker may be able to seek additional damages for personal injury that would not have been recoverable under a workers’ compensation claim. The benefits you can receive from a workers’ compensation claim are usually intended to reimburse you for lost wages and medical expenses. Typically, you are unable to seek benefits for pain and suffering under workers’ compensation, whereas under a third-party claim, you can usually seek this type of compensation. 

Take Advantage of Your Right to be Legally Represented

Having a workers’ compensation lawyer is crucial for an injured worker who wants to receive the benefits to which he or she is entitled. Even though the point of workers’ compensation is to ensure that injured employees are covered if they suffer an injury, many assume they will get benefits quickly if they are injured at work. Unfortunately, this is not always the case.

Usually, workers’ compensation is offered by the employer’s insurance company, and an insurance company’s primary responsibility lies with its shareholders rather than with injured workers. In many work-related injury cases, insurance companies do not pay out the full possible amount.

Challenges You May Face When Pursuing Workers’ Compensation Benefits

Even if you suffered a serious injury and can prove this injury is work related, you may still need to fight for fair workers’ compensation benefits. The following are examples of challenges you may face when pursuing workers’ compensation benefits:

• You may need to prove your injury is work-related: In some cases, your insurance company or self-insured employer may argue that your injury did not occur at the workplace or because of your work responsibilities.
• Your employer may argue you do not qualify for coverage: In other cases, your employer may argue that you do not qualify for workers’ compensation coverage. Some employers classify staff members as contractors so they can avoid paying for workers’ compensation insurance.
• Your benefits may be delayed: Your employer may delay your benefits by not sending in the proper required paperwork. 
• You may get your checks late or not at all: Workers’ compensation checks may also arrive late or not arrive at all.

If you are struggling to get the workers’ compensation benefits you deserve and have suffered an injury at work, you may want to hire a workers’ compensation lawyer who can help you build your case and fight for your right to fair compensation. 

Benefits of Having a Workers’ Compensation Lawyer

The following are the benefits of having legal representation for your workers’ compensation case:

• Free evaluation: When you reach out to a workers’ compensation lawyer, you can receive a free, no-obligation evaluation for your claim.
• Legal assistance if your claim is denied: If your claim was denied because your employer claims you were not on the clock at the time of the injury or that you did not properly file your claim, a workers’ compensation attorney can help navigate the appeals process for you.
• Answers to your legal questions: You likely have questions about the legal process of filing for workers’ compensation benefits and getting the compensation you deserve. An experienced attorney can answer all your legal questions. 
• Legal assistance if your long-term disability is challenged: Your employer may challenge your long-term disability diagnosis. They may require that you visit a doctor of their choosing in an attempt to get a different diagnosis and to justify paying you lower workers’ compensation payments. Working with an experienced attorney can help you retain the benefits you deserve. 
• Assistance for your paperwork and evidence: Your law firm can handle all the paperwork related to your workers’ compensation case, along with handling all your court filings and witness interviews. 
• Legal assistance if a preexisting condition complicates your claim: An employer’s insurance company may attempt to disqualify your claim if you injure a part of your body that has a preexisting condition or injury. With the legal assistance of a lawyer, you may be able to prove that your injury was work-related rather than the result of aggravating a preexisting condition. 
• Representation during your workers’ compensation hearing: Your workers’ compensation hearing is a trial, and as a result, you may want to hire a lawyer who can represent and preserve your livelihood. 
• Legal assistance if an insurance company is preventing you from getting treatment: An insurance company may try to delay or deny coverage for your needed medical treatment, such as medication or surgery. An attorney can help you get a fair settlement from your employer’s insurance company.
• Minimal reduction of other government benefits: If you are already receiving other government benefits like SSDI when you are injured, these benefits could be reduced. An experienced attorney can minimize the reduction of these benefits to ensure you get the greatest amount of benefits available to you.
• On-time filing: A lawyer can ensure you do not miss the deadline set by the statute of limitations. In Kansas and Missouri, injured employees must report work-related injuries within two years after the accident occurred. However, if your employer fails to file a Report of Injury, you have three years after the date you suffered your injury to file a claim.

Contact The Law Office of William L. Phalen for Assistance

At Phalen Law Firm, we can support you after you have suffered an injury at work and act in your best interests. We work hard to provide each of our clients with attentive, personalized legal representation. For more than 25 years, Bill Phalen has been assisting injured workers, and his cases have helped shaped Kansas’ workers’ compensation laws. 

Have you been having a difficult time securing workers’ compensation benefits for your injury? You deserve an experienced lawyer who can help you secure the benefits to which you are entitled. If you are searching for a workers’ compensation attorney in Kansas or Missouri, contact us for a free consultation today. 

Sources

1. https://phalenlawfirm.com/2017/12/08/fight-for-fair-compensataion/
2. https://phalenlawfirm.com/types-of-injuries/work-related-accidents/workplace-injury-procedures/
3. https://phalenlawfirm.com/consultation-contact-us/