Making Sure You Know Your Rights
Most people give little or no thought to whether or not they will be involved in a work accident until it happens. But once you have been injured, things can move quickly because you, as the injured worker, are forced to deal with trained claims professionals who have special training and handle claims for a living. Not only must you be prepared to make decisions on unfamiliar ground, but you must also do so while hurt, possibly under the influence of medication, and while dealing with a reduction in your income.
Different legal criteria apply to workers' compensation claims than other claims such as non-work car accidents. You may have heard of a neighbor or have a family member who was invovled in a work accident and feel comfortable basing your decisions on what you have learned from that person. This is a trap for the unwary and usually leads to the injured worker losing important rights such as the right to choose your own doctor or the right to wage benefits.
One of the most important rights you have is the right to choose your own doctor. You are likely to be accompanied to the doctor by a "safety man" from your company. This is most common when the company brings you to their doctor. Most commonly, our experience has been that injured workers will inadvertently waive this right by signing a Form 1121 Choice of Physician form accepting the employer's doctor as their choice of physician. If you as an injured worker are presented with this form, you should make sure you completely understand it and have consulted an attorney before signing it.
Another important right that is easy to lose is your right to wage benefits. Louisiana law provides that the employer does not have to pay an injured worker wage benefits if that worker was terminated/fired for cause. Many employers are aware of this loophole and will fire a worker for no-call/no-show when the injured worker does not come to work and is not protected by a physician's excuse. There are many different scenarios and each case has its own circumstances, which is why you should consult an attorney as soon as possible after an accident.
