Workplace injuries are common, and they affect the victims in many ways. For instance, issues like loss of income, pain, and emotional distress are of great concern to the affected workers. The employer must ensure that the workplace is safe. In case of an injury during work, you are entitled to get compensation.
Legally, every employer must have workers’ compensation insurance to protect the employees who may be injured at work. It makes the compensation claim process straightforward since the employer will handle the case. However, there are also other things that you should know when you are involved in a workplace accident to get the benefits you deserve. Read on to learn what you need to do when injured at work.
REPORT THE ACCIDENT
If you are involved in an accident at work, you must report immediately to your supervisor. No matter if the injury appears minor, you need to report it so that your boss will write an accident report that you can use to claim compensation benefits. You must write everything you remember about the incident and avoid falsifying information since this will compromise your claim. If possible, take photos of your injuries and the accident scene.
It’s imperative to visit a doctor following a workplace accident or injury. Even if the injuries appear minor, it is vital to see a physician for a medical examination and a medical report. Some injuries can manifest later, so you need to be on the safe side since your employer may dispute the claim if you raise it several months after the accident. When you consult your doctor, you will get a medical report that plays a critical role in determining your compensation claim’s outcome.
HIRE A PROFESSIONAL INJURY LAWYER
When you suffer from a workplace injury, you can access benefits for medical expenses and lost wages through the workers’ compensation plan. You do not need to prove any fault to receive compensation since the workers’ compensation insurance covers all employees. Under the legal work cover, you are entitled to get benefits that include payment for lost wages and contribution toward your medical expenses. However, depending on the complexity of your case, you may need legal advice from a professional lawyer. Injury lawyers have experience dealing with such cases and will help you get the settlement you deserve.
FILE A WORKER’S COMPENSATION CLAIM
Filing a workers’ compensation claim is not necessarily a lawsuit against your employer but a request for benefits to cover your workplace injury. Therefore, the first step is to notify the employer, and they must provide you a claim form that you must complete. If you want to get a few days off to recover from your injuries, you must have a certificate of incapacity that is provided by your doctor. It is important to file your claim immediately since there is a deadline. If you do not file a claim within the period stipulated under the “Statute of Limitations,” you may lose your legal rights to receive workers’ compensation benefits.
SUE FOR ADDITIONAL COMPENSATION
If your injury is classified as serious and it was a direct result of another party’s fault, you can sue for additional monetary compensation. This compensation will cover economic loss and the pain and suffering you continue to endure. Additionally, you can file a lawsuit against your employer if they have offered you benefits that are not fair considering your injuries. The first step is to request an oral hearing from the workers’ compensation board at your district office.
Your request must have supporting evidence as to why you are seeking reconsideration of the initial decision. If the employer disputes your compensation claim, you may appeal and present your case to the Workers’ Compensation Administrative Law Judge. If you lose again, you can take your case to court within the judicial system. It is your right to exhaust all the legal channels if you believe that you have been treated unfairly by your employer and the Worker’s Compensation Board.
When you are injured at work, you are eligible for benefits from the workers’ compensation scheme. Each employer should have workers’ compensation insurance to cover the employees injured during work. Your employer will facilitate the compensation claim process, but there are certain things you must do when you are involved in a workplace accident. For instance, report any workplace accident to the employer and get medication immediately. If necessary, you can hire an injury lawyer to help you lodge a claim for benefits from your employer.