What To Do After An Accident At Work
If you were injured on the job, there are a few things you should do to protect your legal rights to compensation.
If you are injured in an accident at work you are
probably entitled to workers compensation. Nearly every
employer is required by state law to provide workers compensation
insurance coverage for it's employees. If you suffer a job-related
injury, here are a few important tips to protect your legal rights.
Make An Accident Report
You could run into problems if you don't realize that
you are injured right away. Many states have a very
short period of time in which you must report an accident in
order to be covered under workers compensation. Because of this,
you should report any accident that you are involved in
on the job, whether or not you believe you are injured.
Even if you are not injured, your report of the
incident could cause your employer to implement new
safety measures that will prevent an injury from
happening to you or someone else in the future.
Workers Comp Laws Provide Coverage, But Bar Lawsuits
Workers Compensation laws require most employers to
obtain workers' compensation insurance. In exchange the
laws provide that, for the most part, employees can't
sue their employers over workplace injuries. With
worker's compensation, the employee doesn't have to prove
that the employer's negligence caused the injury. In fact, the
employee can be compensated even if the employee's own negligence caused the injury.
However, there are some instances when an employee's
injuries won't be covered. One example, if an employee
is intoxicated or using illegal drugs at the time of
the incident, that employee's injuries won't be covered. Because
of that, some employers have a policy of requiring employees
involved in work place accidents to submit to drug
tests.
See a Doctor
You should see a doctor as soon as possible following
an accident at work. If the injury warrants it, go to
the emergency room. However, if you are not seriously
injured, you should ask your employer if they require
you to see a certain doctor or if you can choose which
doctor to go to. If your employer chooses the doctor and you are
not satisfied with how things went at your visit, you may want
to consider seeing another doctor of your own
choosing. You may be entitled to a second opinion under
the workers' compensation laws. Even if workers'
compensation won't pay for you to see a different
doctor, it may be worth it to you to pay for it
yourself. Depending on the extent of your injuries, you could
stand to lose much more in benefits than it will cost you to get
an evaluation by a different doctor. If you have health
insurance, your doctor's visit may be covered by it.
Report an Injury as Soon as it's Discovered
It is up to your employer to file a workers' compensation claim
with their insurance company on your behalf. They
won't know to do this until you let them know you are
injured. If you reported the accident, but didn't know
you were injured at the time, let your employer know as
soon as you discover your injury. Follow up to make
sure that a worker's compensation claim is filed. You are
entitled to a copy of the workers' compensation claim filed by
your employer.
If You Run Into Trouble, See a Workers Compensation Lawyer
You may want to consult an attorney with experience
handling workers' compensation claims. An initial
consultation is usually free and an attorney will be
able to help you determine what benefits you may be
entitled to receive.
Comments
Post a Comment