Don’t be shy about it
If you are injured at work, report it immediately. The sooner you inform management, the sooner they can start the process of you receiving the relevant compensation. Initially, you may verbally report the incident, but make sure you follow up in writing as soon as possible. Some states vary on what kind of notice is legally required, but remember, a paper trail is your friend. Also, remember that some states have a statute of limitations that requires you to file your claim within a certain time after the incident. Failing to do so may nullify some of your legal rights to compensation or benefits from your employer.
The document you need to file is a worker’s compensation claim and most states require employers, doctor’s offices, and hospital emergency rooms to have them readily available. Filing this claim is similar to filing an insurance claim, and is not a lawsuit against your employer. Instead, the worker’s compensation claim is a formal request for benefits from your employer. Even if you can prove you were hurt on the job, unless you file this claim, your employer has no obligation to provide benefits. As soon as you notify your employer of the incident, they are required to offer you the claim form. If they cannot provide you with the claim form, contact your state Worker’s Compensation Office. The claim form is split into two sections; “Employee” and “Employer”. Fill out the relevant section and return the form to your employer so they may complete theirs. Your employer is then responsible for getting the claim form to their workers’ compensation insurance company. They should also provide you with a copy of the completed form. The insurance company should get back to you about the state of your claim within 2 weeks, however, if they don’t get back to you, you should contact them to follow up.
Seek immediate medical care
When you get injured, you should seek immediate medical care. Unless you are a medical professional, chances are you’re not an expert at assessing or treating your own ailment. You may overestimate or underestimate the condition. You don’t want to look like you’re blowing a situation out of proportion to get compensated, but you also don’t want to play off a potentially dangerous condition. Symptoms may take days to show up, at which point you may not be able to link the effects to the incident, or you may miss the filing deadline and lose the legal right to compensation. Get treated and hold on to the paperwork.
If you are a Federal Employee, the Federal Employees’ Compensation Act states that you may seek treatment from any qualified doctor, with some restrictions on chiropractors. If you are not a federal employee, then you will likely be referred to a doctor that is chosen and compensated by your employer. After 30 days, you may seek treatment from a physician of your choice.
If at any point, your employer claims not to have workers’ compensation insurance, contact your state’s labor department or workers’ compensation office, or contact us at Lewis Law Group, P.A. immediately. Unless you are an agricultural or domestic employee or an independent contractor your employer is required, by law, to have workers’ compensation insurance. If they don’t, your state may have a fund from which your compensation can be drawn. If your employer is required to have worker’s compensation insurance and they don’t, you may be able to sue for negligence.
Each state has different rules and nuances where workers compensation is concerned. For the most part, your local worker’s compensation office has everything you need to get the benefits you deserve. If things deviate from the normal path, you may need to contact the Lewis Law Group, P.A. With over 38 years of experience serving the Florida Treasure Coast, we have the experience to make sure you are treated fairly. Contact us today and our experienced personal injury attorneys will evaluate your case for free.
We will help you determine the value of your case and the fair compensation you may receive. We successfully prepare your case, always striving to maximize your recovery. J.D. Lewis III E,SQ. will help you decide the best course of action for your case and will tell you the truth!
Contact our office now (772) 286-7861 or on our toll free number at 1(800) – 338-4459. If you can’t come to us, we can come to you. You may also e-mail us by using our contact form. We will take your call!