Workplace injuries are injuries or illnesses that occur due to an employee’s job. Most jurisdictions limit the definition of a workplace injury to one that arises out of and in the course of employment. This is to prevent employees from seeking compensation for injuries that were not directly caused by the job.
In most cases, a workplace injury occurs because;
- The working environment is harmful (the premises are dangerous, the equipment is defective, or the environment is contaminated with hazardous chemicals)
- Jobs that require repetitive or strenuous movements (such as manufacturing labour or heavy lifting or even bending down to operate a laptop) may cause injuries.
When injuries occur at the workplace, the first question people ask(mostly those who don’t have personal injury lawyers) is “what can I do?”
If you were injured at work, you might not know what to do next. Here are the essential steps to take immediately after a workplace injury.
Report the Injury to Your Employer
When you sustain an injury at work, this is the first thing you should do. Make sure to discuss the injury with your manager or employer as soon as you can. Working while injured could make things worse. Additionally, you are shielded from retaliation by your employer. Any pay reduction or promotion is unlawful and may result in further legal issues for your employer. In most states, employees cannot be fired because they filed a workers’ compensation claim.
Sometimes the injury can be overwhelming. So, here is a list of what you should ensure to mention to your employer;
- Witnesses who saw the event
- Where it took place
- When it took place
- If the injury was sustained over time (also referred to as a stress-related injury), note when it first occurred and how it has progressed
- Physical injuries you think you have suffered
Contact a Your Personal Injury Lawyer
People often take this as the first action to make. However, a good injury lawyer will always require you to inform your employer first. This is because their work starts more seriously if your employer disregards your injury.
Who Is A Personal Injury Lawyer and What Is Their Work?
Personal Injury lawyers are lawyers who offer legal assistance to those who have been hurt in accidents. Personal injury lawyers practise tort law, which encompasses both intentional and negligent acts. You can’t go back in time and stop your accident from happening, but personal injury lawyers can assist you in seeking adequate compensation to pay for your medical expenses, pain and suffering, and lost wages. They will assist you in fighting for the compensation that is based on the long-term effects your injury will have on your capacity to earn a living, mostly when your personal injuries result in long-term disability.
Seek Medical Help and Track Your Expenses
Your top priority should be your health. Seek medical guidance, and make an appointment with your primary care physician as soon as you can. Make appointments right away with any specialists who are recommended to you. If you need help finding a doctor, your employer might give you a list of medical professionals who accept insurance for injury.
Moreover, make sure to maintain all records and carefully adhere to your doctor’s directions. Stop doing anything that involves staying up late or using a laptop right away if you have been ordered not to. Remember that you are the one experiencing the discomfort. The doctors want you to be well and are not restricting you for no reason.
Your employer’s insurance provider may request that you undergo an independent medical examination(IME) once the treatment has started. Although this is normal, make sure to keep your lawyer in the loop. Keep in mind that the insurance company will use the medical examiner’s findings to calculate how much money you should receive for your claim. This is why it is important to call your personal injury lawyer before embarking on anything regarding your injury. However, in the case that you can’t get a lawyer first, take your medication but try to ensure that you have all the details.
The need for having all the details of your expenses can not be overemphasised. You will need this for your personal injury lawsuit or when filing your personal injury case. Below are some tips on this;
- Keep note of the days you miss from work. Employees are entitled to weekly wage replacement benefits under the worker’s compensation law
- Keep track of any costs associated with your medical treatments as well. You’ll need a record of every doctor’s appointment and all the treatments and medication you receive.
- Track your distance if you need to travel for medical attention. You can be compensated for mileage above 20 miles (round trip).
These notes will be used by your personal injury lawyer to determine your damages. They may struggle to advocate for the recompense you deserve if they do not have these details.
Gather Evidence
In the days or weeks following a workplace injury, it’s common to forget specific facts. With that in mind, jot down your memories as quickly as you can. While the recollection is still fresh, a record should be kept. As you recount your experience, take into account:
- Where the mishap happened
- The accident’s date and time
- What you were doing that caused the accident or injury
- The names and phone numbers of everyone who saw what happened
Your company may argue that you were not injured at work if you have no evidence. Make sure to file your official report the same day the accident occurs. Otherwise, they may not take your claims seriously.
File Your Compensation Claim
If you are injured at work, you must file a worker’s compensation claim. Workers compensation will pay for your injuries. It may even cover a sickness contracted in the workplace. The Workplace Safety and Insurance Board oversees workers’ compensation.
In some situations, you don’t have to prove that your injuries occurred on the job. All you must prove is that your injuries were caused in large part by your job. This is because some injuries occur as a result of repeatedly doing the same motion. In such a case, you may not be able to prove that a single incidence caused the discomfort. So all you can do is point out that the problem began at work and grew worse over time. Back pain is one such example.
Many Americans have recently experienced back pain. Another group reported chronic back discomfort, which can make daily activities difficult.
Back pain has also become a costly condition in the United States. Back pain causes many missed days of work. Whether your injury arose gradually or as a result of an accident, file your worker’s compensation claim as soon as possible. You do not wish for the statute of limitations to expire. Filing your claim as soon as possible will ensure that you do not miss the deadline.
Each claim for benefits has various unique laws related to the severity of the injury and your present pay. Talk to your personal injury attorney because they will have all the information you require.
Conclusion
If you were injured at work, you should seek medical attention right after. The actions you take after being hurt may have an impact on your future. To collect the compensation you deserve, you can file a worker’s compensation claim.
Otherwise, you’ll have to pay for those charges yourself. If you have to miss work, you may find it difficult to afford the bills. Also, do not delay to inform your employer about the injury, and if possible, before you go for the treatment or else it might be used against you If the injury starts gradually, make sure you inform your supervisor or fellow staff about it. One little thing can make you lose your personal injury claim.
