Getting injured on the job can be a challenging and overwhelming experience, and it’s essential to know the right steps to take to protect your health, rights, and financial future. Below, a workplace injury lawyer will cover the actions you should take if you’re hurt on the job, as well as provide an overview of workers’ compensation and the benefits it offers to injured employees.
This blog post is intended for informational purposes only and should not be taken as legal advice. If you need specific legal guidance regarding a workplace injury, reach out to a qualified workers’ compensation attorney who can help you understand your rights and options.
What Is Workers’ Compensation?
Workers’ compensation is a type of insurance that most employers are required to carry, which provides benefits to employees who suffer work-related injuries or illnesses. Unlike other forms of insurance, it comes at no cost to employees. If you’re hurt on the job, filing a workers’ compensation claim is often the first step toward receiving the support you need for your recovery as our friends at Herschensohn Law Firm, PLLC know well. Importantly, workers’ compensation also protects employers by covering the costs associated with workplace injuries, reducing the risk of legal action from injured employees.
Make sure to file a claim promptly after an injury. Failing to do so could impact your eligibility for benefits, and some employers may try to dissuade you from filing to keep their insurance costs down. Remember, workers’ compensation is there to protect you, and you’re legally entitled to the benefits it provides.
What Benefits Does Workers’ Compensation Provide?
Workers’ compensation offers several types of benefits to injured workers, aimed at helping them recover and manage the financial impact of their injuries. These benefits typically include:
- Medical Expenses: Workers’ compensation covers out-of-pocket medical costs directly related to the injury, such as doctor’s visits, medication, and medical supplies. Additionally, it can pay for necessary surgeries, hospital stays, and specialized treatments. This can be a critical resource, as medical expenses from workplace injuries can quickly add up.
- Ongoing Medical Care: If your injury requires long-term or rehabilitative treatment, workers’ compensation can cover these ongoing expenses, including physical therapy, chiropractic care, and assistive devices like crutches or wheelchairs.
- Partial Wage Replacement: If you’re unable to work temporarily because of your injury, workers’ compensation will generally provide wage replacement benefits. This payment usually equals a portion of your average weekly earnings, though it might be capped based on state-specific rules.
- Temporary Disability Benefits: Temporary disability benefits provide partial wage replacement during the period you are unable to work. These benefits cease when you recover enough to return to work.
- Permanent Disability Benefits: If your injury leaves you with a lasting impairment, workers’ compensation may offer permanent disability benefits. The amount varies depending on the severity of your injury and the limitations it imposes on your ability to work.
- Job Retraining or Vocational Rehabilitation: In cases where your injury prevents you from returning to your previous position, workers’ compensation may cover job training or vocational rehabilitation. This can help you acquire new skills to transition into a different role or career.
Steps To Take If You’re Hurt On The Job
After an injury, taking the right steps immediately can significantly impact your recovery and the success of your workers’ compensation claim. Here’s a step-by-step guide:
1. Report The Injury To Your Supervisor: Notify your manager, supervisor, or employer about the injury as soon as possible. Some states have strict deadlines for reporting workplace injuries, and delays in reporting could jeopardize your claim. Even if the injury seems minor at first, it’s crucial to document it.
2. Complete A Workers’ Compensation Claim: Filing a claim starts the formal process of securing your benefits. In most cases, your employer or HR department will provide you with the necessary paperwork. Make sure to fill it out completely and accurately. If your employer is uncooperative, a workers’ compensation attorney can help you ensure your rights are upheld.
3. Document The Incident: Filling out an incident report is essential for both your record and your employer’s. This report typically includes details about how the injury occurred, where it happened, and any contributing factors. Be as thorough as possible and, if applicable, include witness statements or photos of the accident scene.
4. Seek Immediate Medical Attention: Your health is the top priority. If you need emergency treatment, call 911 or visit the nearest emergency room. For less urgent injuries, your employer may provide you with a list of approved medical providers for workers’ compensation cases. Be transparent with your healthcare provider about the nature of your injury and how it happened.
5. Follow The Prescribed Treatment Plan: Adhere to the medical advice and treatment plan provided by your healthcare professional. Missing appointments or ignoring medical recommendations can potentially harm your health and may also impact your claim.
6. Keep Detailed Records: Track all related documentation, including medical bills, injury reports, communication with your employer, and receipts for out-of-pocket expenses. These records will be useful when you’re filing or disputing a claim.
Additional Tips For The Workers’ Compensation Process
- Be Wary of Return-to-Work Pressures: Some employers may pressure you to return to work sooner than you feel able. Consult with your doctor before resuming any job duties, especially if they could worsen your injury.
- Consult an Attorney if Needed: Workers’ compensation laws and benefits can be complex, and every situation is unique. If you encounter resistance from your employer or insurer or if your claim is denied, an experienced workers’ compensation attorney can help. They’ll work to ensure you receive fair treatment and all the benefits you’re entitled to.
- Be Cautious of Settlement Offers: In some cases, an insurer may offer a lump-sum settlement. Before accepting, speak with an attorney to ensure it’s in your best interest. Once you settle, you may be unable to pursue additional compensation if your medical condition worsens.
Experiencing an injury at work can be challenging, but knowing what to do and understanding your rights can make a significant difference. Workers’ compensation exists to support employees during recovery and help them transition back to work or a new role if needed. By following these steps, documenting everything, and consulting with a legal professional when necessary, you can help protect your rights and secure the benefits you deserve. Remember, your health and well-being come first — don’t hesitate to seek help and take advantage of the support available to you.
