![]() ![]() ![]() State workers' compensation laws prevent employees from suing their employer after a work-related injury. Under those circumstances, your claim could be denied by the insurer unless you could prove that being under the influence had nothing to do with your injury. The exception is if you were using drugs or alcohol when you were injured. This type of insurance would cover the cost of your medical expenses and partial lost wages even if you were to blame for your own injury. It is a legal requirement in every state except Texas and South Dakota to carry workers’ compensation insurance. Generally speaking, you can't sue your employer for being hurt on the job because that is what workers’ compensation insurance is all about. In that case, they can face grave repercussions from the state's labor board. Additionally, suppose your employer shows aggression or intimidation towards you linked to the workers' comp filing. If your employer offers an incentive to forgo filing a workers' compensation claim, that is illegal, and you have the right to refuse. Similarly, you have the right to refuse suggestions or offers made by your employers, such as using your own health insurance to treat your injuries or illness. The right to be represented by a lawyer of your choice throughout the process. ![]() The right to appeal if you disagree with the decisions of your employer, their insurance company, or workers' compensation court.The right to disability compensation if you cannot return to work permanently or temporarily.The right to return to work after receiving a work release from your doctor.The right to file a claim for your injury or work-related illness in workers' compensation court.However, some rights are largely common across the US, which are: Since worker's compensation laws are unique in every state, your rights will vary accordingly. When the claim is filed, you have certain automatic protections. Both of these steps serve as formal notice to your employer and the agency. One of the most important things to protect your rights after a work injury is to report it to your employer right away and file a claim with your state's workers’ compensation agency. ![]()
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