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Getting injured on the job can be devasting physically, emotionally, and financially. Each of the 50 states has laws to protect you in the event you have been injured on the job .
Workers Compensation laws are designed to protect both the employee and the employer in the event of an injury on the job. State workers compensation laws provide guaranteed coverage to employees for medical care related to their injury and, in many cases, provide guaranteed compensation during and after the recovery period.
Employers are protected against lawsuits brought about by employees that have been injured on the job. Workers Compensation laws do not allow an injured employee to bring suit against an employer provided the injury occurs without involving negligence.
There are some basic steps that you need to follow in almost every state (see specific state laws here) .
1. Report all injuries to your employer immediately or as soon as reasonably possible. Most states have time limits for you to report to your employer.
2. Seek necessary medical care. Many states allow employers to provide a panel of specific care providers that you must utilize for your treatment. Be sure to check the laws of your state.
3. Comply with all restrictions placed upon you by your medical provider. You may jeopardize your benefits if you fail to comply with medically advised restrictions.
4. Cooperate with your employer's insurance carrier. Although insurance companies are paid by the employer, they have the obligation to follow the laws that are in place to protect your rights. You should be contacted by the insurance carrier within a few days of your injury.
5. File necessary claim forms. Many states will require an injured employee to file a claim for benefits. See specific state information for appropriate methods at .
6. Keep all medical appointments as scheduled. You are the biggest factor in your recovery process. Keeping your medical appointments will also show that you are serious about recovery and adds validity to your claim.
7. Participate in light duty or modified duty programs established by your employer. Failure to comply with these programs may result in a loss of compensation benefits related to your injury on the job. The goal is to return you to regular duty as soon as medically possible.
An attorney is not required to file a workers compensation claim. Many workers compensation departments will assist employees with the process of filing a claim however, if at any time you feel that you are not receiving the proper care and compensation that you feel is appropriate, it may be time to contact a workers compensation attorney .
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