Can an Employee Refuse Workers’ Compensation?

Can an Employee Refuse Workers’ Compensation?

When injured on the job, many employees are faced with the question: Should I accept workers’ compensation, or is there a better alternative for me? It’s essential to understand your legal rights and options when it comes to Workers’ Compensation.

Can an employee refuse workers’ compensation? Why might it benefit you to refuse workers’ comp benefits?

Here’s what you need to know.

Process of a Workers’ Compensation Claim

Workers’ compensation is designed to provide financial assistance to employees who have been injured on the job. Workers’ compensation insurance covers medical expenses, lost wages, and other costs related to the injury. When an employee is injured, they should report the incident to their employer and seek medical attention. The employee must then file a claim with the workers’ compensation insurance carrier, who will review the case and determine the eligibility for benefits.

Reasons an Employee Might Refuse Workers’ Compensation

There are reasons an employee may want to refuse workers’ compensation.

In some cases, an employee may believe that they can receive a larger settlement by pursuing a personal injury lawsuit.  A personal injury lawsuit may provide compensation beyond workers’ compensation. It could include pain and suffering, future medical costs, and more.

However, refusing workers’ compensation and pursuing a personal injury lawsuit can be risky. You may not be able to collect your claim if you don’t win your case, and the process can be time-consuming and expensive.

Resolving a Workers’ Compensation Claim

The average length of time it takes to resolve a workers’ comp claim can vary significantly based on the complexity of the case and the individual circumstances. Resolutions are faster for simple cases – a few months or so. More complicated cases may take a year or more.

Factors that could extend the process include:

• Medical treatment duration
• Disputes between the employee
• Insurance carrier

Seeking Legal Advice

Were you injured on the job? Are you unsure whether to accept workers’ compensation? An experienced workers’ compensation attorney can help. They can guide you through the process and help you make informed decisions about your best option.

If you’re in Baltimore, MD or the surrounding area, Shugarman & Mehring is available to discuss your unique situation. To speak to someone about your injuries or your Workers’ Compensation claim, contact Shugarman & Mehring at (410) 783-4200 or toll-free at (888) 342-7200.