Department of Workforce Development

Injured Worker' Rights and Responsibilities

Injured worker rights

• An injured worker may have the right to receive benefits. An injured worker may receive benefits regardless of who caused or helped cause the injury. An injured worker does not have a right to benefits if:
  • the worker injured himself or herself intentionally
  • the worker was injured while voluntarily participating in an off-duty activity
  • the injury occurred during horseplay or fighting initiated by the injured worker
• An injured worker has the right to receive the medical care reasonable and necessary to treat a work-related injury or illness.
  • An injured worker has the right to a first and second choice of doctors licensed to practice & practicing in this state. Any out-of-state or third choice of doctors must be made by mutual agreement with the insurance carrier unless you have a referral from your doctor
  • An injured worker does not need to get approval to go to a different doctor if:
    • for emergency treatment
    • within the same partnership or clinic
    • as the original doctor selected
    • upon referral from his/her original choice of doctors
• An injured worker has the right to confidentiality. Only people who are parties to a claim or agents of these parties, have the right to information in the Division's files.

Injured worker responsibilities

• An injured worker has the responsibility to tell his or her employer about a work-related injury or illness. An injured worker must tell his or her employer immediately of the injury, or as soon as possible after the worker first knew the illness might be work-related.
• An injured worker has the responsibility to submit to reasonable medical or surgical treatment. However, an employee may refuse surgery which might endanger life or limb.
• An injured worker has the responsibility to submit to reasonable examinations scheduled by the insurance carrier (or self-insured employer).
• An injured worker has the responsibility to tell the insurance carrier any time the worker's income changes.
  • An injured worker who is getting benefits must tell the insurance carrier paying the benefits if the worker's income changes. The injured worker must tell the insurance carrier regardless of whether income went up or down.
  • An injured worker who has stopped working since the injury must tell the insurance carrier if the worker starts working again or has a job offer.
• An injured worker has the responsibility to tell the doctors how the injury occurred and if the worker believes the injury may be work-related.   If possible, an injured worker should tell the doctor before the doctor provides treatment.
• An injured worker has the responsibility to tell the insurance carrier how to contact him or her. An injured worker should contact the insurance carrier if the worker's home address, work address, or phone number changes, so that they may be contacted when necessary.