As an Injured worker you have certain rights. These rights you have regardless of whether your claim has been accepted by the insurer or denied. Please keep in mind this article does not discuss “benefits. This can be found here. Your rights cannot not be infringed upon and if the employer or insurer does then penalties or sanctions can be imposed.
So what are my rights? Here are some:
- If are denied benefits, you have the right to file a claim for workers’ compensation benefits. Consulting with a lawyer is great first step in getting benefits.
- Initial treatment. After an injury you have a right to choose where you want to treat. Exception – if your employer is part of a managed care plan or part of the union construction program they may direct you to a provider.
- First Report of Injury. You have a right to receive a copy of the first report of injury.
- Ongoing treatment. If you have not initially treated with a physician more than twice you have a right change physicians.
- Investigated claim. The employer and insurer must investigate your workers compensation claim.
- An insurer must pay benefits timely. The type of benefits you are owed will decide when they are to be paid. See Benefits for further explanation
- Not to be fired for filing a workers compensation claim. This would be retaliation and you may not only need a workers’ compensation but an employment law attorney.
- Force you to undergo treatment. You have a right to decide your treatment.
- Speaking with a lawyer. The employer and insurer cannot dissuade you from speaking with a lawyer.
- Right to a QRC or qualified rehabilitation consultant or, at minimum, a consultation.
These are some of your rights under Minnesota workers’ compensation. If you have questions about whether your rights have been violated, feel free contact our office for a free consultation. We can discuss with you your rights under Minnesota workers’ compensation.
