Injuries on the job are a relatively common occurrence, especially in industries such as construction and manufacturing. OSHA reports that as of 2010, 2.9 million nonfatal workplace injuries were reported in private industry, over 75 percent of which occurred in service-providing industries.
Workplace injury doesn’t just mean you’ve fallen off a ladder or lost a limb to an industrial machine. It also encompasses burns, falls, sprains, repetitive stress injuries, worsening of existing conditions due to workplace environment or job duties, and cancers brought on by workplace exposure to toxins. You might be tempted to just ignore workplace injuries or deal with them on your own, but you do have rights and may be entitled to compensation.
Here’s what you need to know:
Report Your Injury
You should begin by getting medical attention for your injury. Your doctor will be able to tell you whether or not you can return to work. Once the injury has been treated, report it to your employer right away. Do not sign anything that could take away your rights, even if your employer threatens your job. Do go through the appropriate chain of command at your workplace and follow your company’s workplace injury reporting procedures.
Document Your Injury
Documentation is everything—without it, you won’t be able to get the benefits you may have coming. If possible, photograph or take a video the injury itself, where it occurred, and describe in detail how it happened. Get the contact information for all witnesses and, if appropriate, ask them to talk with Human Resources or whoever is in charge of handling workers’ compensation claims. Interviewing witnesses on video can be helpful, too, especially if you work for a company that may try to deny your claim. If it comes to a lawsuit or disagreement the more documentation you have, the better, so make sure you also get a copy of the incident report and any other company-specific paperwork.
Keep Your Boss and HR Informed
Tell your boss and human resources department immediately whether or not you will be returning to work. Failing to give notice right away can sometimes result in a forfeiture of both workers’ comp and federal benefits, so time is of the essence. Workers’ compensation should cover injuries sustained while on the job site performing the duties of the job, and includes medical expenses and lost wages. Federal disability covers long-term or permanent injuries.
When to Call a Lawyer
If everything works the way it should, you will receive workers’ compensation benefits, recover from your injury, and return to your job. Life doesn’t always run so smoothly, though, and you may need to consult with a workplace accident attorney. Occasionally, a company will ask an injured worker to sign documents that may end up reducing the benefits he or she is entitled to. Having an attorney who specializes in workplace injury claims review any documentation before you sign it can be a smart move and ensure you get what you are legally entitled to.
In some cases, workers’ compensation will be handled by an employer’s insurance company. This can be another situation where you may benefit from the advice of an attorney. Most companies will act in good faith to settle your claim, but not all. Having a lawyer to guide you through the process is a good idea, especially if the company tries to intimidate you, deny your claim, or practices unsafe working conditions and procedures. If you accept workers’ comp, you give up your right to sue your company. If you are denied benefits, working in unsafe conditions, or have a case against a third-party (such as the manufacturer of defective equipment) however, a lawyer can guide you through the legal process and make sure you get compensated fairly.
2 comments
CB
Document EVERYTHING regarding your Injury. RECORD medical appointments from the first question asked by the medical assistant. Obtain copies of your Medical Records to ensure what is WRITTEN lines up with what is RECORDED. Some physicians have made ERRORS, while others have written FALSE REPORTS (using half of what the Injured Worker says and the other half FABRICATED, which makes the IW look like a liar).
C
Do not go with the first lawyer you talk to! Research,research,research! Make sure you get a copy of the initial accident report for your records. Do not allow the nurse case manager they will send to your appointments in to your appointments with your Dr. they can speak with your Dr. after you are done! Keep a journal of what you are going through. Keep a notebook with time and dates of who you spoke with and what was said. They will be watching you and video taping you so know that you are being watched at all times by someone even if you don't see them. Never pay for your appointments with your personal insurance and never pay for your medications with your personal insurance either, this opens the door for worker's comp to say they are not responsible for paying you back and then you are out even more money! Keep track of every mile you drive to Dr.'s appointments, pharmacies, physical therapy and anywhere else that you have to go because of your injury! They have to pay you per mile for these trips. Look up the laws for your state and talk to some attorneys! What you may think may be no big deal may turn out to be more than you bargained for! The laws in most states are not there to protect the rights of the injured worker, they are there to make sure that the company isn't sued into bankruptcy