Every seven seconds a workplace injury happens. Even in the safest environments, workers can still get an on-the-job injury.
Protect your health and your job by understanding the basic process and knowing your legal rights.
File a Claim
If you find yourself getting hurt on the job, the first thing you should do is report it to your supervisor. Even better, make sure it’s in writing.
You have a small window to report the injury. In some states, you can have as little as 24 hours to report.
After you report your injury, file a workers’ compensation claim. This claim lets your employer and insurance company know you’ve been hurt. It is a basis for your protection and rights.
If your employer does not have workers’ compensation insurance, you will need to consult with a lawyer for possible legal action.
On the Job Injury Rights
There are varying laws with workers’ compensation depending on your state, but there are common applications across the board.
Workers’ compensation gives an injured worker medical benefits and replacement wages. The compromise is that the worker does not sue the company for negligence.
If you accept your workers’ compensation, you may have to see a physician your employer recommends. Additionally, you will have to return to work when the physician clears you.
You can appeal a company’s physician recommendation and return date. If you want to win an appeal with your company, make sure you hire a worker’s comp lawyer.
Don’t let your boss try and prevent you from filing a claim. This is an illegal act by your employer and should be reported.
Have you been injured at work and there were other parties involved? If you’ve been hurt at work and a vendor’s piece of equipment caused the injury, you are entitled to workers’ comp and possible civil charges.
You will still receive compensation to cover your medical expenses and lost wages, but now you can pursue extra financial compensation from the third-party.
A judgment in your favor can result in thousands of dollars to help alleviate your pain and suffering.
Mistakes to Avoid
Injured workers can make filing a claim more difficult. Make the process smoother by avoiding these common mistakes:
- Only reporting part of the injury
- Waiting too long to report
- Omitting previous injuries
- Not returning to work
If you get an injury that hurts your neck and also hurts your back, then report both injuries. Failing to report your hurt back and trying to claim it later might put you in legal trouble.
You have to report your injury in a timely manner. If you wait too long, your claim might not be approved.
Don’t lose your right to compensation by omitting previous injuries. Tell your entire medical history to avoid being accused of fraud.
It’s important to return to work when you’re able. You can possibly be terminated for giving up assignments or work.
Secure Your Health and Job
Don’t worry if you receive an on the job injury. You can secure your health and job by filing a workers’ compensation claim.
Understanding your rights during an injury can bring some comfort.
If you have more concerns or questions, please (888) 590-4030 to help you find an experienced workers’ comp doctor to treat your injuries.