Groups » 7 Things to Do If You Sustain an Injury at Workplace
Injuries and disabilities sustained due to your nature of work can have a devastating effect on your financial security. You may lose several days of wages, and my even find it hard to get back to routine work life. In such a situation it is important that you know about your rights and responsibilities.
Workers' compensation is the financial aid provided by an employer when an employee suffers an injury or is harmed by work-related accidents, illnesses or diseases. If the injury was self-inflicted or caused due to alcohol or substance-abuse then the employee loses his/her right for workers' compensation.
If you have suffered an injury at workplace, there are a few things that you need to do to qualify for compensation. Knowing about workers' compensation law beforehand will help you handle unexpected emergencies better.
1) Report Injury Right Away
One of the most important requirements for claiming workers' compensation is that you report injuries and harm to the appropriate person right away. You cannot afford to delay informing the HR, your supervisor or safety expert in your organization about your illness or injury.
Delay in reporting injuries can result in difficulty in establishing that your injury or illness was work related.
You will be required to fill out an accident report or incident report form where you will furnish all pertinent details that help verify your case later on.
2) Get Medical Care
The next important thing that you need to do is get professional medical attention immediately.
Ensure you visit a doctor immediately when you are injured. Document your visit and the treatment you receive. Record your injuries including scan reports and X-rays. They will help support your claim for adequate worker's compensation benefits.
If you have suffered a severe injury, you will be rushed in an ambulance to the nearest healthcare facility. If there is no emergency, your employer will provide you a list of doctors or clinics where you can access treatment. If you visit any other your bills may not be covered by your employer.
Also, if you visit a doctor not on your company-recommended list, ensure that he or she is certified to do workers' compensation claims and agrees to your company's payment terms.
3) Ensure Your Medical Records Are Complete
Make sure that your treatment records are complete with full description of your health condition and the injuries sustained. It is important that all affected body parts are mentioned to avoid nullification of claims for parts that are not listed.
Ensure your doctor makes accurate record of history and circumstances surrounding your injury. This will remove ambiguity surrounding the nature of harm suffered and will help validate your claim for workers' compensation.
4) Know Your Employer's Terms and Conditions
Employers differ from each other in the type and nature of benefits provide to their employees. Ask your employer about their policies for employee compensation and other terms and conditions.
Also, visit the state workers' compensation office to know about the rules relevant in your area and in your industry. Browse the website to know more about your rights and the injuries that are compensated.
5) Workers' Compensation Is No-Fault Insurance
When you opt for workers' compensation benefits, you automatically give up your rights to sue the employer for workplace injuries. You are due for compensation whether the injury was caused by your carelessness or not.
Barring obviously and outrageously stupid acts, employees get compensated no matter whose fault caused the injury. If your employer denies your claim because you are at fault, remember that it is illegal to do so.
6) You Can Sue Your Employer Under Certain Circumstances
Workers compensation is a trade-off where you give up your right to sue for no-fault guaranteed injury benefits. You will not be able to sue your employer for the injuries sustained if your company carries workers' compensation insurance, but there are a few exceptions.
If someone caused you intentional harm, losses or injuries at workplace, and you hold your employer responsible, you can sue your employer for intentional tort in a civil court. Privacy breach, assault, fraud, trespass and defamation are some examples of intentional tort.
If a third party is responsible for your injuries, you have every right to sue the person or company for personal injury. If a faulty piece of equipment caused your injuries, you will be able to sue the manufacturer for defective product liability. A portion of the damages you win will be allotted to the employer or insurance company to cover your workers compensation payout.
7) It May Not Require a Lawsuit
It is more likely that you will get your deserving compensation than not. So it will rarely come to you requiring an attorney to get your rightful claim.
States set minimum and maximum payout limits for specific injuries and affected body parts. Doctors determine how permanent your injury is, and help determine your settlement accordingly with not much room for errors.
You will require a lawyer if your claim is complex or if you have suffered permanent disability for which you are not compensated fairly. This will help you put forth your case better and stand better chances for a fair settlement.
Conclusion
If you or a loved one has suffered an injury at workplace, ensure you get your workers' compensation to cover lost wages, disability and medical bills. This will help you tide over pressing financial needs and slowly bring your life back on track.
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