Schierer & Ritchie, LLC has helped many workers injured on the job. From rotator cuff tears to broken limbs, scars, and amputations, we can help you with your claim.
Have you been hurt while at work? Workplace accidents can happen when you least expect them, leaving you injured and uncertain about your next steps. Whether you’ve been injured in a slip and fall, by malfunctioning equipment, or in another type of workplace incident, knowing what to do after the accident is crucial to protecting your health, job, and legal rights.
Step 1: Seek Immediate Medical Attention
Your health and safety should be your top priority. Even if your injuries seem minor, seeking medical attention ensures you receive proper care and document your injuries.
- In an Emergency: Call 911 or go to the nearest emergency room.
- Non-Emergency Injuries: Visit your employer’s designated healthcare provider, if required, or consult a doctor of your choice if allowed by state laws.
Always inform the medical professional that your injury occurred at work so they can document it appropriately.
Step 2: Report the Accident to Your Employer
Failing to report the incident promptly could jeopardize your ability to file a workers’ compensation claim.
- When to Report: Notify your employer as soon as possible—ideally the same day as the accident.
- How to Report: Follow your company’s reporting procedures, including filling out an incident report or informing a supervisor.
- What to Include: Provide details such as the time, date, location, and circumstances of the accident.
Keep a copy of the report for your records. This could be an email or a text message.
Step 3: Document the Incident
Thorough documentation can strengthen your claim and help establish liability if there is a dispute.
- Take Photos: Capture images of the accident scene, any hazards, and your injuries.
- Gather Witness Statements: Collect contact information from coworkers who witnessed the accident.
- Keep a Journal: Record your symptoms, medical appointments, and how the injury affects your daily life. Also, note co-workers who know about your injury.
Detailed evidence ensures your case is supported by facts.
Step 4: File a Workers’ Compensation Claim
Workers’ compensation provides benefits to employees injured on the job, including medical expenses and lost wages.
- Complete the Necessary Forms: Your employer should provide you with the forms to file a claim.
- Meet Deadlines: Typically, an injured worker has three years after the injury, or within two years of the last payment of TTD or a medical bill, to file their claim.
- Keep Copies: Save all submitted forms and correspondence related to your claim.
Workers’ compensation is typically a no-fault system, meaning you don’t need to prove negligence to receive benefits.
Step 5: Consult Schierer & Ritchie, LLC
While workers’ compensation is designed to provide benefits without the need for litigation, there are situations where legal representation may be necessary:
- Disputed Claims: If your employer or their insurance company denies your claim, an attorney can help you appeal.
- Third-Party Liability: If a third party (such as a contractor or equipment manufacturer) contributed to your injury, you may be able to file a separate personal injury lawsuit.
- Severe Injuries: For catastrophic injuries, an attorney can help ensure you receive fair compensation, including future medical expenses and lost earning capacity.
An experienced personal injury attorney will review your case, explain your options, and advocate for your rights.
Step 6: Follow Through With Medical Treatment
Consistently attending medical appointments and following your doctor’s recommendations are critical for your recovery and claim.
- Avoid Gaps in Treatment: Missing appointments or ignoring medical advice could harm your claim.
- Keep Detailed Records: Save receipts, medical reports, and prescription information.
- Notify Your Doctor About Work Restrictions: Ensure your doctor provides documentation about your ability to return to work or any necessary accommodations.
Step 7: Communicate Carefully
Anything you say to your employer, coworkers, or insurance representatives can impact your case.
- Be Honest: Always provide accurate information about the accident and your injuries.
- Avoid Recorded Statements: Insurance adjusters may ask for a recorded statement, but you are not obligated to provide one without consulting an attorney.
- Limit Social Media Activity: Avoid posting about your accident or recovery, as insurance companies may use your social media activity against you.
Understand Your Rights
Workplace injury laws vary by state, but you generally have the right to:
- Receive Medical Treatment: Your employer must cover treatment for work-related injuries. This includes emergency care, hospitalizations, surgery, prescriptions, and physical therapy. Your employer must also pay for medical appliances, like crutches.
- Temporary Total Disability (TTD): When you can’t work, you are owed 2/3rds of your average weekly wage (AWW), calculated by looking at the 52 weeks preceding your injury.
- Rehabilitation: This can be mental, physical, and vocational.
- Permanent Partial Disability (PPD): For all permanent injuries, you are entitled to receive a payment based on the impairment rating, calculated at 60% of the AWW.
- File a Claim Without Retaliation: It’s illegal for your employer to fire or punish you for reporting an injury or filing a claim.
- Seek Additional Compensation: In some cases, you may pursue a personal injury lawsuit and a workers’ compensation claim.
Understanding your rights ensures you’re treated fairly throughout the process.
Why Choose Schierer & Ritchie to Handle Your Workplace Injury Case?
At Schierer & Ritchie, we understand the challenges injured workers face. Our experienced attorneys can help you:
- Navigate the workers’ compensation process.
- Appeal denied claims.
- Pursue additional compensation for third-party liability. You might have a workers’ compensation claim AND a civil lawsuit against a third party. For example, this could happen if you drive a vehicle for your employer and a careless driver causes a serious accident.
Excellent and thorough guidance on what to do if you’re injured in a workplace accident. The step-by-step advice is invaluable for anyone navigating the complexities of workers’ compensation. Great job on providing clear, practical insights that will help injured workers make informed decisions. Thank you for sharing this crucial information!