October 25th, 2022 | Updated on October 6th, 2023
Being injured anywhere is a real bummer, but being injured on the job can be a complex situation. As an employee, you don’t want to have to miss work due to an accident. And your employer certainly doesn’t want to be blamed for a mishap. They also don’t want to see any of their employees hurt and unable to work.
Unfortunately, injuries on the job happen. If you find yourself in this situation, it’s important to know what steps to take. Whether you have been injured and are looking to see what your options are or you’re just being proactive, keep reading. Below are steps to take to help you pick up the pieces after being injured on the job.
1. Report Your Injury
First of all, you need to report your injury — as quickly as possible. Reporting an injury immediately can help protect you when filing work-related lawsuits or claims. Laws differ from state to state, but in general the sooner you report your injury, the better. Waiting won’t help you heal, and it definitely doesn’t do any good to hide an injury from your employer.
It’s normal to feel anxious or nervous about reporting your injury. If you have a good relationship with your manager, you may want to start there.
You can also go directly to your human resources representative to talk to them about your injury. It’s a good idea to report the injury in writing, such as an email, either before or after your initial conversation.
Having a paper trail throughout the process can help you keep track when you look to file appropriate paperwork.
2. Get Treatment
Depending on your injury, you may need prompt medical help, or you may be able to wait a few days. A sprained ankle, for instance, may need attention if it doesn’t seem to be healing properly.
However, a major cut will need stitches immediately. When you seek medical attention, let providers know how the injury happened. Don’t leave out any details and include that you were injured while on the job.
If you have medical insurance through your employer, your visit may be covered fully or partly. The billing may need to be figured out after claims have been filed, such as worker’s compensation.
Document everything and try to find a healthcare provider that will abide by your state’s worker’s compensation fee schedule. Again, laws vary from state to state, so follow up with your HR representative if you have specific questions related to your case.
3. Document, Document, Document
Once you are on your way to healing, it’s time to start putting all the pieces together. Even if your injury is small, it’s important to keep track of everything.
The medical bills, for instance, may arrive four to six weeks later, when your memory isn’t as fresh. Documenting everything now will make your life easier.
You will want to get a copy of the accident report from your employer. Your HR representative should be able to provide this for you.
Again, this is something to ask for up front in your email to them. Also, write down how the injury happened, when it happened, and when you told your employer. Be sure to list any co-workers who helped you or witnessed the accident.
4. File A Lawsuit and/or Workers’ Comp Claim
This next step is where things can get a bit tricky. Depending on your accident and the state you live in, you may file either a lawsuit or a worker’s compensation claim.
If you were injured due to faulty machinery, then you might sue the manufacturer. If you were injured while at the office, however, it’s likely you’ll file a worker’s compensation claim.
Typically, worker’s compensation claims are easier to win, but they don’t pay for any pain and suffering you are experiencing. The amount paid is also much smaller than what a lawsuit could potentially get you.
In some cases, you may file both a lawsuit and a claim. Say you were on a sales call, and another driver collided with you after running a red light. In addition to suing the reckless motorist, you could file a workers’ comp claim, as you were injured while on the job.
5. Seek Legal Advice
This fifth piece of advice may come in tandem with filing a lawsuit or claim. A lawyer who’s well-versed in workplace injuries can help represent you and your case. They can also guide you through the paperwork process, no matter how you were injured or to what extent.
If you feel like your employer is pushing your case aside, you definitely want to get a lawyer involved. As an employee, you have the right to get help and assistance due to a work-related injury.
You can also reach out to a lawyer if you feel like the original settlement doesn’t meet your needs. For instance, if the workers’ comp insurance company doesn’t end up paying for your medical bills, seek advice. You deserve to receive proper compensation, and using specialist legal experts like these Boca Raton personal injury lawyers can assist you in doing so.
Takeaways
A workplace injury can cause you to question yourself and your actions. Yet by following these five steps, you’ll feel more confident in your post-injury decisions.
Remember that every accident is different, and laws vary state by state. No two journeys look identical. Getting professional legal help can ensure that your case is treated responsibly and fairly.
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