What are the rights of an injured worker?


Quick Answer

An injured worker has the right to pursue medical treatment, return to work after recovery, file an injury claim, and appeal decisions made by his employer, the workers' compensation court or the insurance company, states Nolo. The worker has the right to seek disability compensation if he is unable to return to work and obtain legal representation in all the processes involved.

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Full Answer

An injured worker who cannot resume his employment duties has the right to seek vocational rehabilitation at the expense of his employer's workers' compensation carrier, states FindLaw. The type and amount of rehabilitation available to injured workers differs by state. Some of the services that may be available to workers include job search assistance, vocational rehabilitation counseling, medical case management and on-the-job training. In some states, an employer may pay for regular wage loss, travel expenses, living expenses and child care expenses of employees participating in rehabilitation programs.

If the negligence of a third party causes injury to a worker, the worker has the right to file a claim against that person or entity, reports Nolo. A third-party claim allows a worker to seek compensation for pain and suffering. An injured worker has the right to refuse incentives that his employer may use to dissuade him from filing a workers' compensation claim.

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