Medical professionals work in a highly stressful environment where injuries and illness are a constant risk. As a healthcare worker, you are entitled to the same workers’ compensation benefits and protections as other workers.
Medical worker injury claims can be complicated and stressful. These legal insights from abogados de compensación de trabajadores can help you understand the benefits and legal protections available to you after a workplace injury.
Worker’s Compensation for Medical Professionals
Workers’ compensation benefits for healthcare professionals differ by state. However, many workers’ compensation policies include the following benefits:
When you are injured while performing your duties as a medical professional, workers’ compensation typically covers any medical expenses related to your injury. This may include inpatient stays, surgical procedures, medications, assistive devices, rehabilitation, and transportation to and from doctor’s appointments.
If your injury resulted in a long-term or permanent disability, you could also claim future medical expenses.
Workers’ compensation benefits include income replacement if you miss work due to your workplace injury. Wage replacement covers lost income while you are in the emergency room or hospital, as well as any follow-up appointments and time in rehabilitation or physical therapy.
Temporary disability in workers’ compensation is designed to replace part of your income if you are unable to return to your job. You may receive partial disability if you can perform parts of your job for a limited time, or you could receive full temporary disability if your injuries prevent you from working altogether. Time frames for temporary disability differ by state and insurance policy. Typically, if your injuries prevent you from working for more than a year, you can pursue benefits for permanent disability.
Permanent disability benefits for workers’ compensation provide the injured worker with long-term income reimbursement. In most states, workers’ compensation requires you to prove you cannot return to your previous job or a similar role. You may also need to show that you cannot work in any other position with reasonable accommodations.
A workers’ compensation attorney can help you understand the requirements necessary to secure permanent disability benefits. Since permanent disability through workers’ compensation typically has a time limit, you may also consider applying for state or federal disability assistance.
If your injuries prevent you from returning to your previous job or career, some states offer vocational rehabilitation for disabling workplace injuries. The program may cover certification, degree programs, or vocational training to help you learn new skills so you can secure employment in a different field.
Healthcare Employee Legal Protections
It is critical to understand the healthcare worker compensation rights in your state. Generally, healthcare employees are entitled to the same legal protections as other workers, including:
Right to a Safe Workplace
Federal and state guidelines, including La Administración de Seguridad y Salud Ocupacional (OSHA) regulations, provide clear requirements for worker protection. If your workplace fails to meet safety regulations and you are injured as a result, they could be liable for your injuries.
Right to File a Claim Regardless of Fault
Worker’s compensation differs from a personal injury claim in that fault does not matter. If you work for a qualified employer, you are entitled to workers’ compensation benefits for any workplace injury, regardless of who is at fault. You should be able to file a claim with your employer’s insurance company.
Right to Privacy
A healthcare employee has the same right to privacy as any other worker or medical patient. The supervisor, HR department, and workers’ compensation carrier have a duty to protect your personal information, even with work-related injuries and illnesses.
Right to Request Reasonable Accommodations
If your workplace injury results in temporary or permanent impairment, you can seek reasonable accommodation. Your employer must attempt to make reasonable accommodations so you can return to your job or a similar position.
As a disabled worker, you have certain protections under the Americans with Disabilities Act (ADA). If they fail to make reasonable accommodations, you could have grounds to sue for discrimination based on your disability.
While most workers cannot sue employers for injuries related to workers’ compensation claims, certain exceptions may apply. If your case is not eligible for workers’ compensation, you may have grounds to pursue a third-party injury claim. Speak with an employment lawyer who handles workers’ compensation and wage claims to better understand your legal rights and options.
Legal Guidance For Healthcare Heroes
Healthcare workers work tirelessly on the front lines to help patients receive critical, lifesaving care. As a medical professional, you deserve fair treatment when your work on behalf of others compromises your own health.
At KJT Law Group, we understand the challenges you can face when filing a reclamo de compensación para trabajadores as a healthcare worker. We passionately defend the legal rights of our healthcare heroes like you. Contact our office today en (818) 507-8525 to learn how our legal team can help with your medical worker injury claim.