Getting injured while on the job isn’t fun and usually comes at the most inopportune time. The good news is, your chances of getting hurt on the job are relatively low - about 2.9% of American workers each year.
Workplace injury and accidents can encompass pretty much anything that harms you while on the job. This can include, but isn’t limited to:
If these, or other injuries occur, you’re entitled to compensation for potential loss of work, hospital bills, follow up care, and pain and suffering. So, what are the steps when you’re injured at work? Here’s what to do.
When you’re injured, your primary focus should be on getting proper medical attention right away. Be sure during this process that your human resources department is also notified immediately - most states require your employer is made aware of your injury right away.
You are entitled to file a claim on your injury, especially if you are unable to return to work or if you become permanently disabled. Your employer should have workers comp insurance to help cover your claim. If you’re employer requests you handle your claim outside of their insurance, you don’t have to and can say no.
Be sure to ask for legal assistance in your claim or for when you have a court hearing; you are legally entitled to legal aid and representation for your case
When you’re recovered and have received the “ok” from your physician, you are able to return to work. Any steps to prevent you from doing so are unlawful.
If your employer doesn’t have workers comp insurance, this is against the law and you can sue in civil court for the compensation that you are due. Typically, the only time an employer is not required to carry insurance is if you are an independent contractor, farmworker, or domestic employee. Check with your state’s local laws on exemptions.
Your employer should provide you with a workers comp form, or you may receive one from your physician. Make sure you fill out the employee section completely and return it to your work within 30 days of your injury. Your physician can help you complete the information on the form pertaining to your diagnosis, any surgeries done or required, needed physical therapy, and prescription medications you may be taking. If you don’t receive a form, you can request one from your company's workers comp provider.
It’s important that you are timely with your claim filing so that you can be reimbursed for any medical fees or costs you’ve incurred and wages you may have lost during your time being out due to injury. Your claim can also help to cover ongoing therapies to recover in the future, counseling, and continuing loss of wages.
When you’re injured at work, it’s covered by workers comp; however, when that injury is caused by another person or employee, it turns into a third-party damage claim. This requires a different type of filing and you should consult with a work injury lawyer for assistance in ensuring this is processed correctly.
If your claim is denied for your workplace injury, be sure to appeal it. You can often resolve denied claims by appealing or requesting a hearing or review. There’s a good chance that your claim was denied simply due to incorrect or missing information or paperwork. Remember, you are entitled to compensation if you are injured on the job - don’t allow employers or insurance companies to tell you no.