Workers’ comp is a no-fault system, but “no-fault” doesn’t mean “automatic.” The benefits you’re owed only show up if you ask for them, in writing, on time. Here are the ten rights you have from day one of a claim — and what they actually mean in practice.
The ten rights
1. The right to free medical care for the injury
If your claim is accepted, the carrier pays 100% of reasonable and necessary medical treatment for the injury — doctor visits, imaging, surgery, physical therapy, prescriptions, durable medical equipment, mileage to and from appointments. There is no deductible and no copay. You should never see a bill at the front desk. If a provider tries to bill you or your health insurance, hand them the claim number and adjuster’s contact and tell them to bill the carrier.
2. The right to choose your treating physician within MPN rules
Doctor choice is the most state-variable right. In employee-choice states (Florida after the first visit, New York, Illinois, Texas outside a network), you pick. In employer-choice and MPN states (most of California, Pennsylvania’s first 90 days, Massachusetts), you choose from the carrier’s list. Either way you have a choice — you are not stuck with whoever shows up first. Read our doctor-choice guide and MPN explainer, then use our provider search to find a credentialed WC physician nearby.
3. The right to a second opinion
If you disagree with your treating physician’s diagnosis, restrictions, MMI declaration, or impairment rating, you can request a second opinion. In California, that’s a Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME). In Florida, an Independent Medical Examination (IME) once per accident. In New York, you can switch within the Board’s authorized provider list. Second opinions are the single most effective lever for changing the trajectory of a claim when the carrier’s doctor isn’t taking you seriously.
4. The right to wage replacement when you can’t work
If your doctor takes you off work, you’re owed Temporary Total Disability (TTD) — roughly two-thirds of your average weekly wage, tax-free, paid every two weeks. Caps vary: about $1,680/week in California, $1,255 in New York, $1,260 in Florida, $1,205 in Texas in 2026. If you can work modified duty at reduced pay, Temporary Partial Disability (TPD) makes up two-thirds of the difference. The first check should arrive within 14 to 21 days of the carrier accepting the claim. Late checks accrue penalties in most states.
5. The right to a disability rating by a qualified examiner
When you reach Maximum Medical Improvement (MMI), you have a right to an impairment rating performed under the AMA Guides by a qualified examiner. If the carrier’s pick lowballs you, you can request a QME (CA), an IME (FL, MA), or a Board physician (NY). The rating drives permanent disability dollars and is one of the most fought-over numbers in a claim. Walk through where it fits in the bigger picture in our claim process walkthrough.
6. The right to refuse a recorded statement
Early in the claim, an adjuster may call and ask for a recorded statement “just to get the file complete.” You can say no. The recording is admissible later, and even innocent inconsistencies (you said “left shoulder” on day 3 and “right side of my left shoulder” on day 30) get weaponized at trial. Provide written incident details and decline the recording until you’ve at least consulted an attorney. The carrier cannot withhold benefits because you declined.
7. The right to challenge a denied claim
A denial isn’t the end — it’s the start of the formal phase. Every state gives you a window to file an appeal or claim petition, usually 30 days, sometimes 1 to 2 years depending on the type of denial. Most denials are reversed when challenged because carriers deny on thin evidence to filter out workers who won’t push back. Step-by-step in our denial appeal guide.
8. The right to be free from employer retaliation
Every state makes it illegal to fire, demote, cut hours, deny a promotion, or otherwise retaliate against an employee for filing a workers’ comp claim. Retaliation damages can include lost wages, reinstatement, and in some states punitive damages. The catch: the burden is on you to show the retaliation was caused by the claim, which is why documenting performance reviews, timeline of changes, and adverse comments matters. If you suspect retaliation, preserve everything in writing and talk to an attorney immediately.
9. The right to a settlement on fair terms
You are never required to settle. If the carrier offers a number, you can accept, counter, or refuse and proceed to a hearing. Settlements take two shapes: a Compromise & Release lump sum that closes the claim, or a Stipulated Award that pays permanent disability over time and leaves future medical open. Neither is universally better — the right answer depends on your future medical needs, your Medicare eligibility, and your wage trajectory. Read the full breakdown in our settlement guide.
10. The right to an attorney — paid out of the recovery
You have a right to be represented at every stage. In nearly every state, WC attorneys work on contingency and are paid out of your recovery, capped by statute: 15% in California, 20% in Florida, 20% in New York, 25% in Pennsylvania, 20% in Illinois. You pay nothing out of pocket. The fee comes from the carrier’s settlement check, not from your weekly TTD or ongoing medical. Browse our attorney directory or use the lawyer finder to start a free consultation.
How these rights actually get exercised
Rights only exist in practice if you assert them in writing, on time, and in the form the system expects. That means:
- Every request goes in writing — email at minimum
- Every deadline gets calendared the day it’s set
- Every denial gets appealed inside the window
- Every form gets read before signing
- Every interaction with the adjuster gets noted
For the day-one playbook, see what to do after a work injury. For the program-comparison picture — what WC covers vs disability vs SSDI — see workers’ comp vs disability.
One thing carriers won’t volunteer
Adjusters work in good faith but they don’t proactively educate you on rights that cost the carrier money. Nobody is going to call and say, “by the way, you can request a QME and get a higher impairment rating.” Nobody is going to mention the appeal deadline at the bottom of the denial letter unless you read it. The system assumes you know. Knowing is the difference between a claim closing out fairly and a claim that quietly cheats you.
For broader plain-language Q&A on the whole system, our workers’ comp FAQ hub covers the most common questions across 24 topics.