What To Do If You Are Hurt On The Job
Brian O Sutter
Workers’ Compensation
In the United States, every seven seconds a person gets hurt at work. For most of us, a minor accident at work will be covered by our employer’s workers’ compensation program. However, what happens if your injuries exceed the amount and time allotted by workers’ compensation? It is important to remember that your employer and their insurers are out to watch their bottom line. They may try to dispute your claim and claim that your injury did not happen at work. However, if you’re injured on the job, there are some things you can do to protect your interests.What Should I Do If I'm Hurt At Work?
There are many ways to get injured on the job. If you do get injured at work there are some steps to remember:
● Call your coworkers for help, if you cannot call 911 have them do so. If needed they are also witnesses to your accident.
● Call 911 even if you are not gravely injured. You should be seen by a medical professional to determine the extent of your injuries.
● As soon as you can, start gathering evidence. Also ask co-workers what they saw at the time you were hurt.
● Report your accident to your employer. Most employers have an accident report you need to fill out.
● Follow all of your medical professional’s recommendation and medication. This documentation is important to prove your injuries.
● Save all of your documents and paperwork. Medical documents, accident reports, and any document you think may be important.
● Call a qualified workers compensation attorney from a reputable law firm.
What Steps Can I Take To Prove I Was Hurt At Work?
With the proper evidence, you can protect yourself and ensure you are compensated rather than ending up paying all your own bills, the following items are needed:
● Get photos of the scene of the injury and of your injuries. If you are unable, ask a coworker to do so.
● Get the names of those that witnessed the injury.
● Copies of your time card to prove you were at work at the time of the accident.
● If any equipment was involved, get the maintenance reports on that equipment.
● All medical records.
● If your employer kept an incident report, copies will be helpful as well.
Even with all this evidence, your employer and workers’ compensation may still try to find reasons to not compensate you for the accident. They will try to prove it was a pre-existing condition, you were on the clock but not working, you were under the influence of alcohol or drugs.
Why Do I Need A Lawyer For A Workers’ Compensation Claim?
In a perfect world, you would be injured, your employer will cover the costs of your injuries, lost wages, and other expenses. Unfortunately, that is not always the case. The reality is that it is a tedious process that takes time and patience. An experienced workers’ compensation lawyer can assist you in many ways such as:
● Brokering A Cash Settlement: In most cases, you will need a lawyer to get a reasonable settlement.
● Achieving Maximum Weekly Benefits: An attorney will make sure you receive the 70% of compensation under law, and as your attorney will also calculate overtime wages.
● Finding The Best Medical Care: Workers’ compensation can choose your doctor who is “authorized”. It may not be the optimum care for your specific case.
● Filing An Employee’s Claim Petition: An Employee’s Claim Petition is filed with an attorney which allows you two years from your last settlement to reopen your claim when you complete treatment. This would be in case your injuries worsen. There is a statute of limitations to reopen in most workers’ compensations claims.
● Proving Liability: Workers’ compensation will often claim that your injury was a pre-existing condition. Your Lawyer can obtain the documents that show that the condition is directly related to your exposure to the toxin.
If you feel your employer is unfairly denying your workers’ compensation, the attorneys at All Injuries Law Firm can help. With over 30 years of supporting workplace injury victims in Port Charlotte, our dedicated team can help fight to get you the compensation you deserve. Contact us today at 941-265-HURT for a free consultation and to learn more!