Worker's Compensation
Family & Medical Leave
Act
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Know Your Rights: Worker's
Compensation
If you get injured on the job, the Workers' Compensation Law covers you.
The law requires that you receive some payment for your injuries. It also
prohibits you from suing your employer or its other employees, but it does
not prevent you from suing anyone who is not your employer.
For example, if a car hits you while you are on the job, you may collect
compensation from your employer and you may also be able to sue the driver.
To receive all that you are entitled to from Workers' Compensation, it is
important that you be very careful to fill out all paperwork properly.
The following should help guide you through the process of claiming Workers'
Compensation:
- When injured, notify your boss immediately.
- You should receive a "Comp Package" which contains several
forms. Read the forms carefully.
- Fill out the forms carefully and completely immediately after the
injury. All information should accurately and fully describe the nature
of your disability and the accident that caused it. You could be denied
compensation if you put down that your left arm was injured when, in
fact, you injured your right arm. Be careful about what the form says.
- The form must be signed by you or by someone on your behalf.
- If your boss refuses to file the forms, file them yourself with your
personnel director or the Workers' Compensation board itself (C-3 Form).
- Contact your business agent if your agency refuses to process your
"Comp Package" and/or if you have been assaulted.
- Go to your doctor and get a full relevant medical examination and
a report that contains a diagnosis. The Workers' Compensation Board
may send you for another examination at a later time. You must go for
this examination if directed.
- There are different rules for each agency. You are probably entitled
to five days' leave immediately following the injury. This is not charged
to sick leave or workers compensation after the first five days. You
should always follow your doctor's advice about returning to work.
- You should get a lawyer specializing in Workers' Compensation as soon
as possible. The Bar Association will provide you with a list of lawyers
who specialize in this area. The lawyer will get a percentage of your
final award and you do not owe anything if you don't win.
Local 237 cannot provide an attorney for this purpose or recommend individual
private attorneys.
If you have any have further questions or are unclear about anything you
have just read, contact your shop steward or business agent for assistance.
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