Getting injured on the job can be exceptionally stressful, especially as you try to navigate the laws surrounding workers' compensation. Certain aspects of the entire process can be especially confusing, especially if you have no previous experience with workers' comp. The following are answers to three questions you may have about your job after you are injured.
Can they choose your medical provider?
It can be shocking to receive a request from your employer or your employer's insurance plan to see a medical provider of their choice. Depending on the state, they may have the legal right to make this a requirement of fulfilling your workers' compensation claim. In some places, you are only required to see the company doctor to verify the injury, while in others your entire treatment must be via an approved doctor or medical network. If you are unsure of the law in your area, you need to consult with a workers' compensation attorney.
Do you have to return to work?
This is dependent upon your position and injury. Workers' compensation law does allow for some paid leave for basic recovery and rehabilitation, but you do need to return to work once the doctor clears you to do so. Of course, your employer is required to make reasonable accommodations for you during this initial recovery period. This could be in the form of temporarily reduced hours or an alteration of job duties to fit your current abilities as you recover. For example, if your job requires standing, but you are unable, the employer may be required to provide a stool or alter the duties, so you aren't required to stand for long periods of time. In the event that you cannot perform your duties, and there is no way to provide reasonable accommodation, then a leave of absence may be required if your recovery is expected. Consulting with an attorney may be necessary to ensure this is enforced properly.
Is it possible to be fired?
Yes, but the burden of proof rests on your employer so a lawyer may be able to fight on your behalf. Generally, you can be let go if your employer can prove that there is no way to provide you with reasonable accommodations for your current position and that there are no other suitable positions within the company that you qualify for. They must also be able to show that failure to replace you will impact the business negatively. They may also be required to show that there were unable to fill your position temporarily with temp workers or overtime from existing staff. Finally, you can be let go if your injury is determined to be permanent and it will impact your job performance.
Consult with a workers' compensation law office for more help.Share
17 June 2018
Getting hurt while on the job can leave you in pain and without an income for some time afterward, but that doesn't mean that you have to start going to the food banks to make ends meet. Working with a lawyer to file a personal injury case (if the injury was due to neglect by another party) is a great way to get compensation you deserve for lost work, and to get your medical bills paid so you don't have to pay out of pocket for high deductibles. This website was built with love to provide you with up-to-date information you can use when working with a lawyer, filing paperwork, and dealing with all of the hoops and red tape of your personal injury case. Hopefully you can find the support you need right here.