Injuries can happen anywhere at any time. When they happen at work, your legal rights are different from an injury that happens outside of work. If you were injured on the job, you aren’t the only one who’s going through it, and an experienced workers compensation attorney can help.
The latest U.S. Bureau of Labor Statistics report cites that 2.8 million non-fatal workplace injuries occurred in 2019. That was roughly the same number as 2018. We can only expect the 2020 report coming out later this year to be similar.
While workplace injuries can occur in any occupation, there are jobs where it’s more likely than others. About a third of all private industry workplace injuries were concentrated in ten professions:
- Construction workers.
- Laborers and freight movers.
- Truck drivers (tractor-trailer and light truck).
- Registered nurses.
- Nursing assistants.
- Retail salespeople.
- Maintenance and repair workers.
- Janitors and cleaners.
The main difference between an injury that happens at work and one that doesn’t is who covers the medical bills. Employers must have insurance policies called workers compensation if they employ anyone either full-time or part-time. That includes small businesses and someone who employs family members. However, there are specific laws about when and how you can get workers compensation insurance coverage.
If you get injured at work, taking these four steps can help you and your experienced workers compensation attorney protect your rights.
1: Report the Accident to Your Employer Immediately
One of the most common mistakes people make after a workplace injury is waiting too long to report it, or never reporting it at all. State laws require that you report the accident in writing in a specific timeframe to be eligible for full benefits.
Many states like California require that you report the injury to your employer within 30 days, but that’s not true everywhere. In some states, the laws require that you do it “as soon as possible,” but in others, the timeframe is specific and short. For example, in Colorado, you only have four days to report an injury to your employer. So, be sure to report and file a claim quickly so you don’t miss the deadline.
It’s important to report an accident and any potential injury to your employer immediately, even if you don’t realize right away that you’re injured. If symptoms show up several days, weeks or months later, you’ll have documentation of the incident. This will allow you to seek proper medical care through workers compensation insurance.
All employers should have a process to submit an injury report. Make sure you follow the procedures for your employer and talk to human resources or a supervisor if you have questions. An experienced workers compensation attorney can also help you take the appropriate next steps to pursue a claim.
2: Get Medical Care Right Away
Medical care is essential after a workplace accident for two reasons:
- Your health and safety: Workplace injuries can be serious. Getting medical care right away can help you get the treatment you need and avoid making an injury worse.
- Documentation: To qualify for workers compensation insurance, your injuries must be fully documented. Medical records and bills show the extent of the injury and can help prove it happened at work.
Sometimes though, people don’t seek medical care because they don’t:
- Realize they’re injured until later.
- Know that medical care is covered.
- Understand their rights under workers compensation laws.
If your accident is an emergency, you can go to any medical facility to get life-saving or emergency care. The medical bills should be covered by workers compensation insurance regardless of whether they’re a participating provider. If your employer’s insurance tries to deny coverage for out-of-network emergency care, an experienced workers compensation attorney can fight for your rights.
3: Keep Track of All Injury-Related Information
It’s important to have detailed records of your injury. Get a folder or notebook where you can record:
- The details of your injury — where, when and how it occurred. Write down the contact information of any witnesses as well.
- Medical treatment you receive for the injury.
- Missed time at work as a result of the injury.
- Restricted duty or other work-related changes after your injury, especially if you take a pay cut.
- Treatment and recovery plans.
This information is especially helpful if you need to hire a lawyer later.
4: Contact an Experienced Workers Compensation Attorney
Many people are hesitant to contact an attorney after a workplace accident. You might feel pressured by your employer or an insurance representative to resolve the case and move on. You may also think that people only hire attorneys for severe injuries, or ones that happen because of a mistake by your employer. Both of these reasons are false.
An experienced workers compensation attorney can help you understand all of your rights, including the right to:
- File a claim for medical care.
- See a doctor.
- Return to your job from taking time off for an injury.
- Receive disability pay for missed work time after an injury.
Remember that you also have the right to refuse certain things. For example, your employer might suggest that you use your own insurance when you get treatment. They may try to talk you out of filing a claim. They may also try to punish you for missing work because of an injury. All of these actions are illegal, and you can say no to them.
However, sometimes it’s hard to talk to your employer or a workers compensation insurance representative on your own. If you need help navigating the situation, an experienced workers compensation attorney can help guide you through the process and ensure you’re treated fairly.