What Should I Do Immediately Following Workplace Injury?

Workplace injury is characterized by any injurious incident that occurs within work hours in the work environment. This includes accidental slips and falls, machine-related injury, illness, and even injury sustained while traveling for a job.

Report the Injury

Immediately report the injury to your supervisor to retain all legal rights associated with workers’ compensation. Some states require this to be done in writing, but it is advised that all injured employees submit written proof of the incident for professional proceedings. The report should occur no more than thirty days after the injury. This step is mandatory to initiate the claims process.

Seek Medical Treatment

Medical verification of work-related injury or illness is required to receive workers’ compensation benefits. Federal employees can choose the doctors that perform the examinations according to the Federal Employee’s Compensation Act (FECA). This does not apply to all state employees, because they are governed by state law. Some states require employees to be seen by specified providers. This is not always ideal because company-provided doctors tend to interpret medical data in favor of the employer.

When reporting the injury to a medical provider, thoroughly explain the extent of the injury and its accompanying symptoms. The information given should apply only to the work-related injury, with no mention of previous medical issues. Straightforward answers are necessary, especially when working with the employer’s chosen practitioners.

Initiate a Claim 

When you first report the injury to your employer, they initiate the claims process. In most cases, our employee gives you the claims forms immediately when you notify them of the incident. If they are not provided, contact your state’s Workers’ Compensation agency, and return the completed forms to your employer for submission. The insurance company typically provides a claim decision within two weeks of this. During this interim in the claims process, it is wise to obtain more information regarding your legal rights.

Review your states’ workers’ compensation laws after reporting the incident to your employer. Typically, employers are required to provide workers’ compensation so long as employer negligence is the proven cause of the injury or illness. Though this may sound daunting, only a few circumstances (ex. illicit drug use) hold sway in the determination being shifted to employee-caused.

Find a personal injury lawyer that will guide you through the claims process. Your lawyer ensures that all proof and paperwork are present. A professional lawyer will:

• make sure that you receive the appropriate benefits and compensation for your injury
• aid in appealing an undesired claim determination.

You should disclose all evidence you’ve obtained with your lawyer.

Lawyer Interaction

Provide all details about your case to your lawyer. Withholding details prevents the lawyer from having a clear picture of the case, which will prevent them from working effectively. In most cases, lawyers possess a wealth of information and advice about topics that may seem unimportant to the case. Even in uncomplicated cases, a lawyer provides a solid foundation that prevents accidental slips in the claims process by the injured employee. They allow the claimant to focus on recovery rather than the case.

A lawyer also helps their client after claim determination. The appeals process is a separate process from the original determination that requires an equal level of assistance from a professional workers’ compensation lawyer. Additional evidence can be provided via request for a court hearing with the Branch of Hearings and Review or through a written request for reconsideration. A lawyer will also help in the case of disruption, or early termination, of benefits.

Workplace injury requires immediate action. Properly follow through with the claims process with the aid of a lawyer and seek benefits while recovering from your injuries.