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What are my rights?

Worker rights

  • You have the right to file a workers’ compensation claim. 
    • Your employer cannot force you to not file a claim.
    • Your employer cannot force you to say your injury did not happen while working.
    • Your employer cannot force you to work as an independent contractor, partner, or corporate officer to avoid filing a workers’ compensation claim.
    • Your employer must send your claim (Form 801) to its insurer within five days of being notified of your injury.
  • You have the right to seek medical treatment. This may be your own doctor or a doctor of a managed care organization (MCO), depending on your employer’s workers’ compensation insurance policy.
  • You have the right to return to work if you are released for work by your doctor.
  • If you are partially or totally disabled due to your injury, you have the right to disability (time-loss) pay.
  • If you do not agree with the insurer’s decision about your claim, you have the right to appeal the decision. 
  • You have the right to be represented by an attorney at no cost for attorney’s fees. 

Worker responsibilities

  • Read all letters and notices about your claim.
  • Pay attention to all appointments, time limits, and dates.
  • If you fail to take action or if you miss a deadline, you may lose your rights to workers’ compensation benefits.
  • Keep copies of all letters you send and receive.
  • Keep all medical appointments.
  • Contact your employer immediately when your doctor releases you for work.

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