Taking action: What to do after being hurt on the job
You’re
going through what was supposed to be a normal day of work when you
find yourself falling on a concrete floor. You’re able to walk it
off and finish the rest of your day but about a week later, you start
to get this pain in your back that won’t go away.
That
fall did more to your body than you thought it did. You should have
reported your fall right away but you didn’t see the point at the
time. Now you’ve missed the window of opportunity for worker’s
comp so you’ll be paying for that trip to the chiropractor out of
your own pocket.
There
is a certain process that you have to go through to get compensation
when you’re hurt on the job. To help you navigate through this
complicated world the next time you’re injured, here is a complete
guide.
1.
File the Accident Report
As
stated above most states have a small time frame in which you can
file an accident report and still get workers comp for it. Even if
you get hurt and seem fine, you still want to report it.
This
will cover you if you don't start showing signs of injury for a few
weeks after the incident. Also, reporting to your supervisor allows
them to fix whatever injured you so nobody else gets hurt.
2.
Find Out if Your Employer has Worker's Compensation Insurance
In
about every state but Texas, your employer is required to have some
sort of worker's compensation insurance. This stops you from suing
your employer over injuries except in cases of asbestos exposure.
This
may sound bad at first glance but it cuts out the middle man. You
won't have to prove that your injury was the result of workplace
negligence. Which means you can skip straight to the part where you
get compensation.
What
if They Don't Have it?
With
the exception of Texas and some agricultural jobs, your employer is
expected to have insurance. If they don't, make sure you avoid taking
any compensation and contact your lawyer ASAP! They can help you sue
your employer and get the compensation that you deserve.
3.
Consult a Doctor or Two
Once
you put in your report, you will need to see a doctor. Make sure that
you ask your employer if there is a certain doctor that they will
need to see to get the visit covered. Once you get that information,
make an appointment.
The
doctor will be able to look at your injuries and compare to
find out if your injuries are catastrophic or non-catastrophic to
give you a better idea of the compensation that you're entitled to.
If you're unhappy with the results of your visit then you can go see
your family doctor. Note that this may not be covered by your
employer.
4.
Write a Letter to Your Supervisor
It's
up to your supervisor to file a worker's compensation claim for you.
They can't do that until you give them details about what your
injuries are. Write
a quick letter and
turn it into them as soon as possible.
Make
sure that you keep a copy of this letter and a copy of the claim they
put in for your own records.
5.
Keep a Record of All the Days You've Missed
There
are some states that allow you to start getting a weekly wage once
you've been out of work for 7 days due to injury. On top of getting
compensation for missed wages, you could also get reimbursement for
all money spent going to doctors visits including the gas you go
through to get to the appointments.
It's
important that you keep records of all of this including written
diaries and receipts from the doctor appointments.
6.
Get a Worker's Compensation Lawyer
As
you can imagine, worker's compensation is a complicated process. It
would be wise to hire a lawyer to walk through the entire thing with
you. They can help you fill out all the proper forms.
They
can also look at all of the paperwork over your shoulder and walk you
through what you're entitled to. Again you'll also need them there
for instances such as your company not having worker's compensation
insurance. If your claim is denied they can help you with disputing
it as well.
7.
What if Your Claim is Denied?
Speaking
of a denied claim, there are a few ways you can dispute it. You can
reach out to the Branch of Hearings and Review to get a second review
of your claim. If you go this route you can then provide new evidence
to back up your claim if you have it.
You
could also request a review from the Employees' Compensation Appeals
Board. You can't present any more evidence and once they reach a
decision then that's it. It cannot be overturned.
If
your company decides to dispute your claim then you can get a hearing
in front of the Worker's Compensation Board.
Everything
You Should do if You're Hurt on the Job
When
you're hurt on the job it's important that you start the process of
getting Worker's Comp straight away. If you wait then you may miss
the window of opportunity and have to pay for your treatment out of
pocket. Use the steps that we've talked about here to get
compensation for your pain and suffering.
Did
this article help you win your worker's comp claim? Visit the
business section of our blog for more helpful tips for workers.
Published July 10, 2019
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