L. Right to Apply for and Receive Workers' Compensation

Each state has enacted its own peculiar rules with respect to workers' compensation, which provides aid for employees who suffer job-related injuries. Under state compensation laws, the amount of money paid in benefits is linked to the worker's rate of pay prior to the injury and the kind and extent of injuries suffered. Workers' compensation is a substitute for other remedies you may have against the employer, such as bringing a private lawsuit for negligence. In many cases, the issue becomes one of determining whether the injuries suffered were job-related and whether you are legally considered an independent contractor (not subject to workers' compensation laws) or an employee. The reason is that people typically prefer to sue the employer privately and obtain greater damages than are awarded under workers' compensation statutes.

Tip:Since the outcome of each workers' compensation case varies depending on the particular facts and unique state law, always seek the advice of a lawyer specializing in workers' compensation law. Issues such as how long you may delay before filing a claim, whether coverage is available for stress-related injuries, and what kinds of injuries are covered, together with strategies to help maximize the benefits received, can become complicated and typically require a lawyer's assistance and advice.

Always notify your employer when you are injured while working. This is your right and you cannot be retaliated against in any way for taking such action. Fill out all necessary forms. If no forms are available, contact your nearest workers' compensation office for details. Speak to a lawyer immediately if a claim is contested. Visit several doctors to obtain accurate evaluations of your condition. Be sure you understand your rights if you are a part-time worker or are injured during work-related travel. The following list summarizes the kinds of injuries that are typically compensable:

• Preexisting conditions that the workplace accelerates or aggravates, such as a bad back, even if pain from the injury is delayed until a later time.
• Injuries caused during breaks, lunch hours, and work-sponsored recreational activities, such as a company-paid party, and on-the-job injuries caused by company facilities, such as a shower located on the premises.
• Ordinary diseases such as lung cancer, if contracted by asbestos exposure at work as a result of the usual conditions to which the worker was exposed by her employment.
• Injuries resulting from mental and physical strain brought on by increased work duties or the stress caused by a requirement that the employee make decisions on other employee dismissals. In some states, this includes.findlaw employees who develop a disabling psychosis because they cannot keep up with the demands of the job and a supervisor's constant harassment.

An employer may not inquire whether you have ever filed for workers' compensation when you apply for a job. You also have the right to select your own physician for treatment, provided that physician is authorized by the state's workers' compensation board.