Injuries At Work: Your Rights To Receive Benefits While You Are Home Recuperating
When you get injured at work, you are covered under workers compensation insurance. This insurance pays for your medical care to recover from your injuries and pays you wages throughout your recovery if you can’t work. Problems can arise where you are denied benefits because it isn’t clear your injuries are work related, or a medical examiner does not determine that your injuries are serious enough to keep you out of work. When you have been hurt while working, but you have been turned down for benefits, you may need to get an attorney on your side so that you start receiving the benefits that are rightfully yours.
An Independent Medical Exam
After a work injury, your employer may request that you have an independent medical exam at the treatment provider of their choosing. This can be a problem, as the examiner may favor the employer because of the amount of work they send their way. If the examiner tells you that you are not injured but you know that you are, you can seek a second opinion from another provider. If that doctor writes you out of work and diagnoses your work injuries, this information can be proof that allows you to begin receiving benefits.
If You Don’t Agree With Light Duty
When you are hurt, your treatment provider might put you on light duty until you recover from your injuries. The problem with being put on light duty is that your employer may not really know what to do with you during this time. If you are hurt and struggling to recuperate because you aren’t completely out of work, talk with your treatment provider about writing you out of work completely so that you can get better. Light duty means that you are still going to work every day, you just might be sitting at a desk all day doing very little.
Your Right to Appeal a Denial
If your workers compensation benefits were denied, you have the right to appeal this decision. It’s important that you gather together all pertinent medical information, including your diagnosis, current treatment protocol, and prognosis. If you were denied because of a pre-existing condition, you will need to show that your injuries were made worse by the work accident and that your abilities prior to the incident were not compromised.
If you have been turned down for workers compensation benefits and you are not able to return to work, it’s time to talk with an attorney who can help. Contact a law firm like Wolter, Beeman, Lynch & Londrigan LLP for more information.