Injury

Injured on the Job? What to Do Following a Workplace Injury

It is a requirement in every state that employees work in a safe and friendly environment. They should have all the equipment that protects them from injuries and other safety measures put in place.

Sadly, injuries in the workplace are still a regular occurrence. They can still take place despite all safety precautions. Employees can suffer broken bones, chemical burns, and occupational illnesses, among other injuries.

Whether the injury is caused by carelessness on the side of the employer or the employee, there are measures put in place to handle such cases. We take a look at the steps you should take if you’re injured on the job.

Report your Injury

The first measure you can take when injured at work is to inform the employer in writing. Some states have a specified period under which you need to report the injury. If possible, make sure the employer knows about the injury on the job the same day or a few days after the incident.

Sometimes the injury may be so severe that you don’t understand yourself for some time. You may be unconscious or require immediate medical attention. In this case, reporting immediately may not be possible, but you still need to ensure you do it as soon as possible.

See a Doctor 

It is important to seek compensation for any injuries you suffer at the workplace, but don’t forget that your health matters. Even small injuries that may not seem severe can cause a lot of damage, or even death, if not treated as soon as possible.

Some employers require you to see the company doctor for treatment. If you’re not satisfied with the employer’s chosen doctor, you’re entitled to a second opinion according to compensation laws. Getting good treatment is paramount, even if it means paying for the expenses from your pockets.

Report the Injury Extent

Sometimes you may not know the extent of the injury before getting a doctor’s assessment. Get your doctor to examine your entire body to see all the injuries you might have suffered. If you fell on your back and hurt the leg as well, you should not leave such details out.

You should report all secondary injuries regardless of how small they may seem. You should also notify the compensation court of any trauma or emotional injuries. If possible, get a psychological assessment to ascertain whether you suffered any emotional injuries.

File a Claim for Getting Injured on the Job

Employers may be looking for ways not to compensate you for the injury or give less compensation. You need to protect your rights by filing a claim with the workers’ compensation court. This way, you will give the employer and their insurance company a formal notice of your injury.

This puts you to automatic protection of your rights, and the employer won’t be able to interfere with anything.

Consult an Attorney

In other circumstances, reporting an injury or filing for compensation may be a complicated process that requires some professional help. A personal injury lawyer will be at your service to give you the best legal advice and help you follow up with the whole compensation process.

An attorney will ensure you’re not cheated on the compensation and that no one intrigues your rights. Ensure you get an attorney with experience in handling workers’ compensation claims. The attorney will explain the law, the whole process, and the benefits you’re entitled to get.

Go Back to Work

Some injuries may render you useless, and you may not be able to resume work even after recovery. This is a different case which will be treated in a special way. Otherwise, you should ensure you resume your duties as soon as you’re back on your feet.

Failure to show up back to work in a timely manner may lead to loss of compensation or even termination of your contract. You’re supposed to attempt even if you believe that you won’t perform as you used to before your on the job injury.

Understand the Rules

Every state has its own rules about the workers’ compensation for those who get hurt at work. There are guidelines and deadlines put in place that both the employer and the injured employee need to adhere to when filing the compensation claim. 

Ensure you understand everything required of you and get your attorney to explain anything that’s not clear. The worst mistake you can make in such situations is being ignorant about the rules and the guidelines.

Attend the Hearing

If you’re in a position to do this, ensure you attend all the hearings for your compensation. Don’t relax or assume that the lawyer will handle everything, although they do everything on your behalf. 

Attending the sessions will help you understand proceedings better and ensure your rights are not interfered with in any way. Besides, you will be able to pinpoint any foul play during the process and give an immediate notification.

Don’t Represent Yourself

Don’t make the mistake of thinking the injury is small and the attorney will charge you too much. Representing yourself after getting injured at work to escape the attorney charges is the worst mistake you can ever do. You’re allowed to represent yourself, but since you have no legal expertise, things can turn against you.

Remember, your employer and the insurance company both have legal representation, and you will be up against people who understand the law way better than you do. Consulting a lawyer is always a good idea, even when the case looks small.

Hire a Personal Injury Lawyer

Cases of people getting injured on the job and not getting compensated are not new. No employer or the insurance company wants to part with money for this compensation. It is your duty as the worker to do everything possible and follow the required procedure to get compensated.

You need to understand all the processes and guidelines when handling such cases. It won’t cost you more to hire a legal representative than it will cost you to represent yourself and then lose the case.

The law is too complicated, and sometimes you need legal assistance even in cases that look simple. You can go through our website to get the best legal advice today.

What to Do If You Suffer a Work Injury

It doesn’t matter how much work a company puts into workplace safety. Accidents still happen.

Luckily, you have workers’ compensation insurance for when that happens. In 2017 alone, there were more than $45 million in claims paid out by insurance.

Things can seem overwhelming when you suffer from a work injury, and you might not know what to do. This post will tell you what you need to know. Follow the steps below if you’ve experienced an injury at work.

File a Report With Your Company

Whenever you suffer an injury at work, always report it as soon as you have the chance. The way you report this will vary based on your company and your state.

In many states, you’re required to notify your employer in writing. But even if this isn’t the case, it’s still smart to do it this way.

Never wait to do this either. You have a limited amount of time to make your claim. Your time limit will vary on the state you’re in, so make sure you don’t take too long.

If you don’t meet your state’s deadline for reporting an injury, you won’t be able to claim any benefits.

See a Doctor

If you haven’t already seen a doctor about your injury, then now is the time. You need to get an accurate account of your workplace injury. Whether or not you can see your own doctor will depend on your state.

Many states and companies will require you to see a doctor provided by them. The good news is that it comes at no cost to you. You won’t lose anything by going to the company doctor.

After you get your initial workup, you do have the chance to get a second opinion. In most cases, this won’t be necessary. But if you don’t like the diagnosis given by the company doctor, you have the right to get a second opinion.

Like your accident filing, you have a limited amount of time to see a doctor. If you wait too long, you risk your claim being denied.

Determine if You Need a Lawyer

In many cases, your workers’ compensation case will be open and shut. You won’t have any problems getting a settlement for your case.

In some cases, things aren’t so simple. If you have a complicated case, then it may be worthwhile to bring a lawyer on board. If you don’t know what to do, a lawyer will be able to help you navigate the legal hurdles that come your way.

The chances are that this will occur in larger settlements with insurance companies. Whether it’s to help you fill out the paperwork correctly or file an appeal for a denied claim, a lawyer will increase your chance of winning your case.

A lawyer may also be necessary if your employer doesn’t have workers’ compensation insurance. This insurance is required by law for companies to have, so you probably won’t encounter this. But if you do face this situation, then an attorney will be able to help you through the process.

In many cases, you won’t have any fees. You can retain a lawyer on contingency. This means that you’ll use a percentage of your settlement earnings to pay your lawyer’s fee.

Get the Paperwork Done

After you have your doctor visit out of the way, you need to get your paperwork done. To figure out what forms you need to fill out, you’ll need to talk to your company.

This should be a straightforward process since you aren’t bringing a lawsuit against your employer. You’re asking for compensation from their insurance provider. They have no reason to fight against you on it.

Make sure you fill out every detail in your paperwork. You’ll need to know your injury date, location, medical information, and any other relevant information. Once you’re done, make sure you sign and date it.

At this point, return your paperwork to your employer. They have their own section to fill out. Once they finish, they will file the claim with their workers’ compensation insurance provider.

Wait For Your Decision

Once your paperwork is filed, all you can do is wait. Make sure you continue seeing your doctor and continue your treatment during this time.

You’ll need to keep track of your time off work and begin to estimate any future medical expenses. Workers’ compensation will cover these expenses, so you need to keep accurate records to get your full settlement.

It shouldn’t take long to get your results. At most, you’ll be waiting for up to four weeks.

It’s against the law for insurance companies to drag out the claims process for these cases. If you find yourself in this situation, the contact your state government. The insurance company may end up approving your claim automatically.

Decide What to Do With Your Outcome

After the insurance company decides your case, it’s up to you about how you want to process.

If the case worked out in your favor, you need to decide on how you want your settlement to be paid out. If you take a lump sum option, the insurance company will give you your compensation in one payment.

Your other option is a structured settlement. These payments will be spaced out annually over time. These have tax advantages compared to lump-sum payments, so it’s worth considering this option.

If your case is denied, then you do have the option to appeal the decision. You can ask the insurance company to take a second look at the claim or take it to court. In this case, it may be worthwhile to bring a lawyer in to help.

Take Your Work Injury Seriously

A work injury is a big deal, and you need to handle it properly. If you don’t follow the guidelines set out by your company and by law, then you could ruin your chances of getting a good outcome. Follow the steps above to make sure you handle everything on your side of things.

If you’re looking to hire help with your injury case, a good lawyer is where you should start. Head to our legal category to learn the steps to take to hire a great lawyer.

How Social Media Can Jeopardize Your Car Accident Injury Claim

It never fails. As soon as something great or terrible happens, someone reaches for the phone.

Are they calling their spouse or parent? Dialing 911?

Nope. They’re posting about it on Facebook or Twitter.

If you’ve found yourself in a car accident, think twice before uploading those pics on to Instagram. This thoughtless and commonly instinctive move can have a negative impact on your car accident injury claim.

Read on to find out how and why social media can jeopardize what you have coming to you.

Social Media and its Impact on Your Car Accident Injury Claim

“Anything you say can be used against you in a court of law.”

Sound familiar?

The same goes for posting on social media. If you don’t believe us, here are 689 published reasons to keep your private legal business off of the internet.

If you’re taking selfies on roller coasters and showing everyone on Instagram that you’re a hit at the toga party, even the best personal injury lawyers won’t be able to help you.

Romano v. Steelcase

In this case, an office worker had her chair collapse. She filed suit, claiming that the injuries sustained during the incident left her unable to leave home and socialize with friends.

The defense used her own social sites against her, showing pictures of her clearly outside of her home. They made note of the vast number of smiley face emojis, crippling her claim for emotional damages.

The World is Watching

When you file a car accident injury claim, you need to assume that you are being watched.

Your insurance company does not want to pay you. Their defense in your case will be to prove that you are exaggerating your injury claim or outright lying about it.

It’s likely that they will hire a private investigator to watch your every move. Something as mundane as yard work could be enough to bring the extent of your injuries into question.

Your social site profiles are public record despite the privacy claims of these social media sites. While no one wants to see selfies of injured or depressed people, the opposite can be used to show that any emotional damages or mental anguish claims are false.

Keep Your Mouth (And Your Fingers) Shut

You’re mad. We get it. You were just driving down the road, minding your own business, and then Bam!

The little old lady from down the street t-bones your brand new Honda.

While these kinds of events can be infuriating, it’s important to not let your emotions get the best of you.

“Rage posting” on social media when you’re trying to file a car accident injury claim is one of the worst things you can do for yourself.

Don’t talk about your case. Don’t talk about your medical diagnosis. Do not, under any circumstances, mention any communication that you’ve had with insurance companies or your lawyer.

The Best Possible Practice

We’ve talked a lot in this post about what you shouldn’t do when it comes to social sites and your car accident injury claim.

So what can you do on social media?

You can remove yourself from it. While you’re being watched and anything that you post can be used against you, you should be a ghost on the internet.

When the dust has settled on your dispute, you can return to your normal, social self.