What should you do if you are injured at work? Charles Flaxman is a personal injury lawyer based out of Hollywood, Florida, give us information here.
According to the Occupational Safety & Health Administration, over 5,000 workers die on the job and over 4 million employees suffer occupational injuries and illnesses yearly.
That’s where workers compensation comes in: Workers Compensation is designed to benefit both the employer and employee by providing the employer with an assurance that he won’t be sued and by providing the employee with damages, a legal term for compensation in a personal injury case.
The particulars of Workers Compensation Law differ from state to state—for instance, employers in Florida who have workers compensation insurance are immune from workplace injury lawsuit. But as long as your injury arose out of an accident at work or work-related activity you will be able to seek compensation.
If your employer has Workers Compensation insurance, he will be protected from legal action—in most cases. The exception is when an employer purposely attempts to hurt an employee.
If you have suffered a workplace injury, you may be entitled to Workers Compensation or other forms of remuneration. In order to protect your right to compensation, take the following steps as soon as possible after the injury:
- Get medical help. Depending on the injury, this can range from getting a first aid kit to calling the police or an ambulance. Not seeking medical attention will make it seem that your injury was not dire.
- Talk to witnesses. Write down the contact information of relevant witnesses, and in the case of a car accident, also write down all license plate numbers and the Vehicle Identification Number (VIN).
- Take photos. Photographs don’t lie, which is why they can be the strongest part of a claim. Take pictures of the injury, the scene of the injury (from all angles), the cause of the injury and any property damage.
- Cooperate with first responders. If a police officer or EMT arrives at the scene, answer all their questions. This will serve as an additional record of your injury.
- Call your attorney. Insurance companies are notorious for finding loopholes to refuse claims. As an example, a McDonald’s employee, Nigel Haskett, who was shot on the job, was denied his Workers Compensation claim, leaving him with $300,000 in medical expenses. Nigel was shot in the process of pushing a man out of the store who was attacking a customer. So why was his claim denied? According to McDonald’s Workers Compensation plan, “Mr. Haskett’s injuries did not arise out of or within the course and scope of his employment.” The point of this story is: Don’t expect your Workers Compensation insurer to be compassionate. Call an attorney immediately and level the playing field. Don’t skip this step. Workers Compensation Law is highly complex, making it hard to represent yourself. While it is entirely possible that you are able to effectively represent yourself, the intricacies of Workers Compensation Law are beyond most people’s expertise.
- Notify your employer about the injury and file a claim. Failure to let your supervisor know about an injury within 30 days of its occurrence can cause you to lose the right to file a compensation claim. If the injury is a disease, the statute of limitations is 2 years. You can file your claim by filling out the appropriate form—these differ from state to state—at a Workers Compensation Board (an advocacy group) in your area.
- Make sure you don’t apologize for anything to anyone or discuss fault—this can be used against you when you file a claim—and don’t agree to a settlement without first speaking to an attorney.
