Protecting Your Rights in a Workers’ Compensation Claim

Rispoli & Borneo P.C.

Workers Compensation Lawyer

Benefits related to work injuries can be a complicated matter that requires action being taken by the employee. When a workers compensation claim is being processed, it may be mishandled by an employer or other entity as a way to hopefully save the company money. This is unfortunate because an employee who was hurt due to the job deserves to receive care as they recover. Sometimes, it takes the intervention from an attorney to ensure that the worker’s rights are protected.

Q: At what point should I call an attorney for help?

A: To sooner you obtain legal representation, the better. An attorney can help prevent your rights from being violated from the start, as it can be more difficult to rewind once the compensation claim has begun processing. The longer you wait, the more time the insurance company and your employ have to influence you into making decisions that are not in your best interest. Do not wait until problems have already developed before seeking legal guidance.

Q: What is the responsible way to handle my work-related injury?

A: Report the injury to your employer right after it happens. If you delay reporting the accident, your employer may try to undermine your story and claim it didn’t actually occur while on the job. After you have reported the injury, get medical treatment if needed. Keep any documentation related to your injuries, including diagnosis, exams, prescription medications, and treatment plans.

Q: If I file a workers’ compensation claim, can I continue to work?

A: Many employees who have been injured can still keep working as long as the tasks don’t violate any physical restrictions deemed by the doctor. You can still work and pursue workers’ comp benefits, such as continued medical care and disability. It is not uncommon for workers to return to the same job they had once they feel better, assuming their employer had not acted in such a way that makes the employee want to find work elsewhere.

Q: What are examples of employer retaliation?

A: Sadly, employer retaliation can happen to employees who have utilized their right to use workers’ compensation benefits. An employer may have been upset at the employee, especially if the injury cost the company a significant amount of money. The employer in response may have acted unlawfully by committing acts like:

  • Relocating the employee to another department
  • Giving the employee a demotion
  • Making threats, harassing, or otherwise creating a hostile environment
  • Wrongfully terminating the employee
  • Changing job title or removing assigned tasks
  • Preventing the employee from receiving a promotion
  • Mishandling the workers’ compensation claim in some way

Q: What if my workers’ compensation claim was denied?

A: If a workers comp claim was rejected, the employee has to show how exactly the injury was caused on the job site and that it was due to performing a work-related duty. With help from a workers compensation lawyer Memphis, TN trusts, you can file for an appeal of the insurance company’s verdict within one year after being notified of the denial.

Thank you to our friends and contributors at Darrell Castle & Associates, PLLC for their insight into workers compensation and protecting your rights.