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What Are My Rights as an Injured Worker?

On Behalf of | Oct 26, 2018 | Workers' Comp, Workplace Injuries |

Your employer has a legal obligation to provide you with a work environment that is reasonably safe and healthy. If your employer fails to meet this duty and you end up suffering a serious injury at work, you can qualify for workers’ compensation benefits to help cover your medical expenses and lost wages. In this blog, we explain your rights as an injured worker in San Jose.

How Do I Protect My Labor Rights?

If you sustain a serious injury at work, you need to immediately report your injury to your employer. Most states have time limits for injury claims, so you need to let your employer know about your injury as soon as possible. After you have reported your injury, you need to file a workers’ compensation claim.

In general, injured employees have the following rights:

  • The right to file a claim for injury or illness through workers compensation.
  • The right to be evaluated by a doctor.
  • The right to pursue medical treatment.
  • The right to return to work after being cleared by a physician.
  • The right to disability compensation if injury or illness prevents a permeant or temporary return to work.
  • The right to appeal decisions made by an employer, an employer’s insurance company, or the workers’ compensation court.

If your employer asks you to use your own health insurance to pay for your injury treatment, you have the right to decline. You also have the right to refuse and report and employer who tries to convince you not to report your injuries.

Under the law, you have the right to file a workers’ compensation claim without fear of retaliation or harassment from your employer. Employers can face harsh penalties if they attempt to prevent you from exercising your labor rights.

Get Help With Your Injury Claim

Have you been injured at work? Do you need help filing your injury claim? At the Law Offices of Andrew B. Shin, our lawyers are here to guide you through the legal process and make sure your rights are fully protected. If you have more questions about the types of workers’ compensation benefits you are entitled to, our lawyers can provide you with the answers you need.

Call 408-341-6025, or contact a San Jose workers’ comp lawyer to request a free consultation today.