Workplace injury is a common occurrence, but most employees do not know what to do afterwards. Is there a legal provision for employees who get injured while at work, perhaps workers’ compensation to be had? Below are frequently asked questions about workplace injuries and information on the steps to take when injured at work.
What Can I Do if I Sustain an Injury at My Workplace?
If you sustain an injury at your workplace, report to a supervisor immediately; do this in writing if possible. In some states, the law is that you should notify the employer in writing; in others, it can be verbal. However, to be safe, we recommend you write every on-the-job injury report to supervisory personnel in writing. Getting compensation for what you’re owed is a tough task, which can be expedited with the help of personal injury attorney Brandon Kinard of KGS Law PLLC.
Is There a Deadline for Filing On-The-Job Injury Reports?
Several regions have a statute of limitations for filing a workplace injury report – the filing deadline. The statutes of limitations dictate how soon an employer must file a workers’ compensation benefits claim after a workplace injury. Knowing the statute of limitations in your state can make all the difference between making or not making a successful claim.
Therefore, the best thing is to file the report immediately after the accident. This ensures you do not lose your legal rights to workers’ compensation benefits.
How Do You File a Claim for Workers’ Compensation Benefits?
Filing for workers’ compensation is not a lawsuit; it is more like a request. First, you will notify your employer, who must immediately offer you a claim form, regardless of how they learn of the incident. The employer is only obliged to provide these benefits after completing the claim form, not before.
In some states, apart from the employer, doctors’ offices and hospital emergency rooms are also required to have the forms. Fill out only the “employee” section of the form and remember to date and sign it. Make a copy of the form for yourself and return the original to your employer either by mail or by hand.
Then, your employer will complete the “employer” section and forward the completed form to his insurance company. You should get a copy of the completed form from your employer; request a copy if you do not. The insurance company must send a status letter concerning your claim within fourteen days; you should call if you do not receive the letter.
What Should You Do in the Absence of Workers’ Compensation Insurance Benefits?
The law mandates that every employer, except a few, has workers’ compensation insurance. If your employer is not exempt from the law and they do not have this insurance, you should get a lawyer. Otherwise, you can call your workers’ compensation office or the State’s labor department.
Usually, if an employer does not have workers’ compensation insurance, the State has a fund that pays the benefits. Meanwhile, you can also sue your employer for negligence if they are required to have this insurance and do not.
When is a Lawyer Needed for a Workplace Injury Compensation Claim?
The complexity of your case will determine whether you need the legal assistance of an attorney or not. You may contact a workers’ compensation lawyer if any part of your case is unclear. Also, if you are required to stand before a court or administrative judge, you will need a lawyer to represent you.
Conclusion
When injured at work, the first step is to seek medical attention. The next thing is to make an official report to your supervisor as soon as possible, who will start the process for the workers’ compensation. Ensure you have all the forms you fill out for your records and act fast to prevent delays in receiving your dues.
