- Depending on the severity of your injury, the doctor might recommend that you take a few weeks off work or decide that you need rehab before returning to your job.
- Not only do you need to explain that you plan to file a claim, but you also need to tell the employer when you will return to work.
- The only way that you can get compensation from your employer is with a worker's compensation claim.
=Businesses spend millions of dollars on workplace compensation claims every year. The owners of those companies are responsible for paying into a fund that pays out when someone suffers an injury at work. Though you might think that you’re safe because you don’t work around dangerous equipment or hazardous materials, an accident can happen whenever someone does a repetitive task or gets distracted by anything on the job. A simple injury can leave you in significant pain and keep you from working for weeks or longer. There are some key things that you should know if you get a workplace injury.
File a Report
The moments after you suffer a workplace injury are confusing and frustrating. You might find yourself in so much pain that you want to get to the hospital. As soon as the injury occurs, tell a supervisor and file some type of report. The statute of limitations varies from state to state but generally only gives you a few weeks to file. The sooner that you file a report, the sooner you can file a compensation claim and get help. You may find that you can file a report from the hospital or after the doctor discharges you.
Depending on the severity of your injury, the doctor might recommend that you take a few weeks off work or decide that you need rehab before returning to your job. As soon as the doctor decides on the best course of treatment, get it in writing and send a copy to your employer. You should also disclose any other injuries that you have. Some avoid this step because they think that preexisting conditions will keep them from getting compensation. The doctor may find that your previous injuries were made worse by the injury you had on the job.
Make Your Intentions Clear
Speaking to a workplace injury lawyer in Birmingham AL or your particular locale is the best way to make sure that you get the legal help that you need. Your lawyer will help you decide what to do next and file a claim on your behalf. With your lawyer’s help, make your intentions clear to your employer. Not only do you need to explain that you plan to file a claim, but you also need to tell the employer when you will return to work. Do not let the employer bully you or use other means to force you back to work. You should not return until you feel comfortable and your doctor believes you are ready.
Know Your Rights
Do not file a workers’ compensation claim until you know the rights afforded to you by law. According to Nolo, you have the right to compensation and the right to appeal any decision made on your behalf. Your employer may go through their insurer who determines that the injury did not occur at work or that it wasn’t as serious as you claimed. As an employee, you have the right to appeal that decision and present proof of your claim. You also have the right to file a compensation claim with a lawyer’s help.
File a Claim
The only way that you can get compensation from your employer is with a worker’s compensation claim. In addition to the incident report, you need a form filled out by your doctor that lists your injury and the treatments that you need. You may need to see a second doctor recommended by your employer’s insurer to verify your claims. Whether you suffer a permanent injury that will affect you for the rest of your life or a temporary injury that you can recover from, you deserve compensation.
Workplace injuries can range from a slip and fall on a wet floor to a concussion caused by unsafe working conditions. No matter what type of injury you have, you can file a workers compensation claim. Once resolved, the claim should pay your salary while you recover and any future medical bills that you have. Serious claims that can cover any future earnings that you lose due to your injuries as well as your medical bills. Filing a claim on your own is difficult and may result in the insurer denying you. Knowing some basic information about the process and working with a lawyer help you resolve the case in your favor.