Workers comp rights are defined in state laws in every state and provide benefits to employees injured in the workplace. They are a "safety net" for workers that have been disabled and are unable to work either temporarily or permanently. Injured workers are eligible for payments to cover medical expenses and lost wages. The laws are different in each state, so you have to make sure you understand the laws in your state.
Although the laws are varied in each state, there are fascinating common items that usually apply in each state. Workman's comp is a no-fault system in which workers are protected when they are injured on the job, and they are not required to demonstrate fault or negligence of the employer. The benefits are available to the majority of workers with a few notable exceptions being federal employees and sometimes realtors and some domestic workers. Employees are eligible for these rights from the first day of work, and there are no income level requirements.
Monetary benefits usually fall into either Temporary Total Disability (TTD), Temporary Partial Disability (TPD), or Permanent Total Disability (PTD). Workers need to have been evaluated by a doctor and diagnosed as being in one of these categories. There are particular forms which must be submitted, usually to the employer, the employer's insurance carrier and the state agency that administers workers comp. These forms are available on the state websites.
In Los Angeles, injured workers have the right to see a doctor of their choice. Sometimes the law may require the employee to see an employer's doctor first, but, generally, there are conditions under which the employee can then see a doctor of their choice. Make sure you check the specific law for the state in which you live.
Worker's comp claims can become complicated and lengthy. Many times, an employer or the state agency may deny a claim submitted by a worker. Workers have the right to dispute the rejection of workman's comp claims. In most states, this is done by submitting a request to the agency that administers workers comp laws. Subsequently, meetings or hearings may be scheduled to evaluate the factors in the claim. If you feel your claim has been unfairly denied, you have this option available to you. Contact Joe, Southard & Yeoh LLP a workers' compensation law firm in Los Angeles