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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.
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