We all learned in middle school that each United States citizen has rights, and that you cannot be deprived of these rights. While I am sure that you all know the often repeated, “You have the right to remain silent, anything you say can and will be used against you in a court of law,” did you know that under Workers’ Compensation you have a specialized set of rights as well?
According to Florida Statutes §440.09 “The employer must pay compensation or furnish
benefits if the employee suffers an accidental compensable injury or death
arising out of work performed in the course and the scope of employment.”
It is important to first note that laws in Work Comp can vary greatly from state to state. So, what may be a law in Florida may not be the same in Arizona. However, there are several general rights that are pretty common across the country.
· You have the right to file a claim for your work-related injury in court.
· You have the right to be represented by a lawyer.
· If your injury has led to a temporary or permanent leave of absence from your job then you have the right to some type of disability compensation.
· You have the right to pursue medical treatment to deal with your work-related injury.
There are several instances to be aware of where the
actions of your employer are violating your Workers’ Comp rights. For example,
if you are injured on the job, you should report within 24 hours of the
incident, and in Florida must report within 30 days. Your employer then should provide you with
claim forms and information regarding your rights. If they fail to do so, then
one of your basic work comp rights has been violated.
The law requires that employers post a notice that
details information regarding employee rights, provides information about
available work comp benefits, and detail information that tells employees that
they have the right to receive medical treatment. This notice cannot be hidden,
but must be in a common area where all workers are expected to be frequently,
such as the break room. If your employer posts it in a place where it is
concealed or only seen by a small portion of employees, then they have violated
your right to know your legal rights.
Finally, your boss CANNOT offer you a type of incentive, whether it be benefits or
money, to convince you to not file a Workers’ Comp claim. Not only do you have
the right to say “no,” but this action is illegal.
It is important to know that you have rights and that
you are not alone when you become injured or ill on the job. If you are
concerned that you have been deprived of your rights you should seek the advice
of an attorney. You deserve opportunity to have your side of the story heard,
and to seek recovery for any injuries you have sustained while working.
***This blog is meant to
be informative in nature and does not serve as any form of legal advice. If you
feel that your rights have been violated or you wish to speak with an attorney
about your claim, please fill out our contact information below.***
Sources: https://www.nolo.com/legal-encyclopedia/i-was-injured-work-what-my-legal-rights.html
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