I Was Injured at Work What Are My Rights

The most vital thing for employees to understand is that any time you’re injured at work, you should immediately report the injury to a manager or supervisor. Certain states require notices that to employers be put in writing, while others permit verbal notices. Workers should take account of all work injuries in writing for supervisory personnel. Because some states have filing deadlines that are short (known as the statute of limitations), filing should be done immediately. This way you won’t lose any legal rights you might have to obtain fair workers comp benefits from your place of work. If the injury or illness calls for it, you should seek medical care immediately as well.

You can initially pick any qualified doctor you want to be your treating doctor under the FECA. The law does put some restrictions in place regarding the use of chiropractors. When you’re not an employee on the federal level, you’re not covered through the FECA and state laws will still apply. Certain states allow you the right to see go to your own doctor if you provide a request in writing before an injury happens.

Injured workers are generally referred to a doctor paid for and recruited by their place of work. You’ll usually only be required to go to the company physician for a 30 day period at most. Then you’ll be able to pick your own doctor. When your doctor puts medical reports into place that take care of workers comp questions and concerns, there’s typically no problem that will come up unless an employer asks for a second opinion under FECA.

The following rules still apply to second opinion examinations: 

• The doctor is put into place by the agency and doesn’t need to be board-certified in any medical field.

• The agency covers any associated costs and is liable for forwarding all relevant medical documents, a statement of accepted facts and any particular questions for the second opinion doctor to address.

When the second opinion report is initially unclear, the workers’ compensation office is liable for performing any follow-up and filing a supplemental report. The workers’ comp office is usually going to place more weight on the second opinion doctor’s judgment than to the treating doctor’s.