Everything You Need To Know About Workers Compensation

TL;DR

Morgan & Morgan attorneys provide answers to common workers compensation questions, covering topics such as time limits for filing claims, returning to work after an accident, choosing doctors, employer negligence, benefits for undocumented workers, and more.

Transcript

thank you my name is cora ciceros malloy i have been employed with morgan and morgan since 2014. before that i worked for industry and so i know a little bit about both sides of the fence which is extremely important i'm also bilingual so i represent a lot of injured workers that speak only spanish and so that's a great advantage to our spanish-spe... Read More

Key Insights

• 🙊 Bilingual representation is crucial in assisting injured workers who primarily speak Spanish.
• 💦 There are time limits for reporting work accidents, but exceptions can apply.
• 😷 Employees should report accidents promptly and request medical care immediately.
• 🧑‍⚕️ Private health insurance should not be used for work-related injuries, as workers compensation benefits are specific to those cases.
• 👨‍⚕️ Nurses case managers may be involved in facilitating medical care, but they should not be present during doctor-patient examinations.
• 👨‍⚕️ Employees have limited rights to choose their own doctors in workers compensation cases.
• 🧑‍⚕️ Employers are immune from negligence lawsuits related to workers compensation claims.
• 🧑‍⚕️ Undocumented workers are entitled to workers compensation benefits, but the use of false or invalid information can result in the loss of those rights.
• 👨‍⚕️ Light duty work may be required, but it should be within the doctor's restrictions for an injured employee to return to work.
• 🧑‍⚕️ Workers may be eligible for workers compensation benefits if they can prove that an injury is directly related to their work activities.
• 🧑‍⚕️ Employers misclassifying workers as independent contractors do not exempt them from workers compensation obligations.
• 🧑‍⚕️ Exposure to hazardous substances or repetitive work can be considered for workers compensation claims based on medical evidence.
• 🖤 If employers lack workers compensation coverage, coverage may be pursued through other entities involved in the job, or civil court claims may be filed for negligence.

Questions & Answers

Q: Is there a time frame to pursue a workers compensation claim?

Usually, there is a 30-day limitation period from the time of the injury, but exceptions can apply. It's important to report all work accidents to the employer and request medical care as soon as possible.

Q: Can I refuse to return to work if I'm still in pain after an accident?

It depends on the doctor's restrictions and the availability of light duty work. If a suitable light duty job is offered and refused, workers compensation benefits may not be paid.

Q: Do I have the right to see my own doctors if I don't like the ones provided by the workers compensation insurance company?

No, injured workers are generally limited to the doctors chosen by the employer's insurance company. Using personal health insurance or seeking a second opinion outside of the system may result in treatment not being covered by workers compensation.

Q: Can I sue my employer for negligence that caused my work-related injury?

No, employers have workers compensation immunity, which means they cannot be sued for negligence. Workers compensation provides benefits without the need to prove fault.

Q: Can I receive workers compensation benefits if I am an undocumented worker without a valid social security number?

Undocumented workers have the right to receive workers compensation benefits if injured on the job, regardless of their immigration status. However, using false or invalid personal information can lead to the forfeiture of rights.

Q: If the workers compensation doctor clears me for light duty work but I don't feel well enough, can I stay home until I recover fully?

The employer may require you to attempt light duty work if available. If you refuse, it may be treated as a limitation of income, and workers compensation payments may not be made. However, if the doctor restricts activities like driving due to prescribed medications, you may have valid reasons for not returning to work.

Q: If I'm injured while driving to or from work, am I covered by workers compensation?

Usually, injuries sustained while commuting to or from work are not covered by workers compensation. However, there may be exceptions, such as if the employer requested a stop or specific task during the commute.

Q: My employer claims I'm an independent contractor and not entitled to workers compensation. Is that true?

Employers misclassifying workers as independent contractors does not exempt them from workers compensation obligations. Misclassification can be challenged, and workers may still be able to receive workers compensation benefits.

Q: If I am injured due to exposure over time, is it considered a workers compensation claim?

Cases involving exposure over time, such as repetitive trauma or occupational diseases, may be eligible for workers compensation benefits, but they can be more difficult to prove. Medical evidence and expert testimony are necessary to establish a causal link between the work environment and the medical condition.

Q: What are my options if my employer doesn't have workers compensation coverage?

In cases where the employer lacks coverage, workers may be able to pursue coverage through other entities involved in the job, such as contractors or subcontractors. In some instances, a civil court claim for negligence may also be possible.

Summary & Key Takeaways

• Morgan & Morgan attorneys Cora Ciceros Malloy and Rich Robbins discuss their experience representing injured workers and the importance of bilingual representation in Spanish-speaking communities.

• They provide answers to frequently asked questions about workers compensation, including time frames for pursuing claims, returning to work, choosing doctors, suing employers for negligence, benefits for undocumented workers, and medical treatment options.

• They emphasize the need for injured workers to report accidents promptly, the role of nurse case managers, the rights of employees to see their own doctors, and the potential for legal action in cases of wrongful termination or unsafe work environments.