Your Right to Workers' Comp Benefits FAQ
Frequently asked questions about workers' compensation.
What is workers' compensation?
Who pays workers' compensation benefits?
Are all on-the-job injuries covered by workers' compensation?
Does workers' compensation cover only injuries or does it also cover long-term problems and illnesses?
Do I have to be injured at my workplace to be covered by workers' compensation?
What kind of benefits will I receive?
» Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?
If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?
Can I ever sue my employer in court over a work-related injury?
What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?
Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?
In some states, you have a right to see your own doctor if you make this request in writing before the injury occurs. More typically, however, injured workers are referred to a doctor recruited and paid for by their employers.
Your doctor's report will have a big impact upon the benefits you receive. Keep in mind that a doctor paid for by your employer's insurance company is not your friend. The desire to get future business from your employer or the insurance company may motivate a doctor to minimize the seriousness of your injury or to identify it as a preexisting condition. For example, if you injure your back and the doctor asks you if you have ever had back problems before, it would be unwise to treat the doctor to a 20-year history of every time you suffered a minor pain or ache. Just say "no" unless you really have suffered a significant previous injury or chronic condition.
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