If you have been injured on the job, your employer may be obligated to cover many of the expenses, including medical costs and lost wages, associated with this injury. The state of California requires employers to cover work-related injuries and illnesses no matter who is at fault for the injury. Workers compensation is available to both full and part-time employees, as well as temporary workers.
While many workers compensation laws are designed to protect employees, it is still important for workers to know both their rights and their responsibilities after a workplace injury or illness.
Here's a look at several rights you have if you have been injured on the job.
Right to Medical Treatment
If you have been injured on the job, you have the right to seek medical attention. If your injury is a medical emergency, you should call 911. Otherwise, you must start by informing your employer of the injury. This notification should be done as soon as possible (at least within 30 days) or you may risk having your workers compensation claim denied.
Your employer most likely has a Medical Provider Network (MPN), which is a network of doctors and specialists who are approved to handle workers injuries for the company or they are covered under the Health Care Organization (HCO). You must select a doctor from the MPN or HCO list, depending on your employer, to have your medical expenses covered by workers compensation. If no list is provided, you can go to a doctor of your choice.
Right to File a Claim
Not only do you have a right to file a workers compensation claim, but you have the responsibility to file one in a timely manner. Your employer should provide you with Form DWC 1 within one business day you reported the injury. You must complete the "employee" section of the form and return it to your employer either in-person or by certified mail.
Your employer is then required to complete the "employer" section of Form DWC 1 and submit it to the claims administrator. Your employer should provide you with a completed copy of Form DWC 1. If your employer fails to do so, you should request a copy to retain for your records.
Right to information
The claims administrator must either approve or deny your workers' compensation claim within a reasonable amount of time. Typically, this is not longer than 90 days from the day your DWC 1 Form was submitted. If you do not receive written notification as to the status of your workers' compensation claim within 90 days, you should contact your employers directly.
Right to Seek Legal Advice
Injured employees have the right to seek legal advice at any point during the workers' compensation process. A workers compensation attorney understands the rules and regulations surrounding workplace injuries and can ensure your rights are being protected. A workers compensation lawyer also can make sure you obtain the full compensation, including medical expenses, lost wages, disability benefits, and travel costs, you deserve.
Right to Appeal Decision
If the claims administrator denies your workers' compensation claim, you always have the right to appeal this decision. A Sacramento workers compensation attorney can help you through the appeals process and assist in completing any type of required paperwork.
Right to Change Doctors
Workers compensation laws do allow you to change doctors if you are not happy with your first doctor. You still must select a doctor or specialist from your employers MPN network or HCO list. If you are not happy with the second doctor, you are permitted to change doctors one more time. If after three doctors, you are not happy with their services or recommendations, you can request an independent medical review.
For a better understanding of your workers' compensation rights, it is best to contact a Sacramento attorney, like the Law Office of Roy C. Levin, that has years of experience helping workers obtain the full compensation they deserve after an on-the-job injury.