So many accidents can happen in workplaces. Among these accidents, many go unreported, potentially causing the victims to lose workers compensation. When you are injured in the workplace, it is essential to follow the correct procedures to enjoy all compensation rights.
Every employee is entitled to workers compensation. The state requires that every employer must provide coverage to each of their employees. However, it will be your duty as the employee to protect your rights to ensure that you are fully compensated for the injuries sustained during a work accident. How does one protect their rights? Here are some easy ways.
File an Accident Report
Worker's compensation insurance will only cover injuries from an accident if they are reported. If you are injured in the workplace, you have to report the accident and injuries immediately to your supervisor/manager to increase your chances of compensation. The reporting should be done whether you have visible injuries or not. Sometimes these injuries will not be immediately noticeable but may lead to complications down the track.
You should report an accident immediately, even if it does not result in injury, to alert your employer that an accident has occurred and inform them of the situation leading to the accident. This may allow your employer to take measures to ensure such an accident does not reoccur. In addition, the reporting protects you in case signs of injury or complication due to the incident begin to manifest later.
Document the Accident
When you step into any organisation, you will find a document in which employees record any accident in the workplace. Some employees find it challenging to fill the accident register, fearing for their job and rushing to meet their targets. You must document any accident or incident, with all details, including how it happened, who was involved and any damage caused.
You should collect evidence that proves there was an accident. Recording the accident details is one significant way of proving the accident, especially when the accident gets reported immediately after it has occurred. Taking pictures of the accident scene and conditions that may have caused the accident using your smartphone or another camera is also advisable.
Consult a Doctor
A doctor should assess and treat your injuries if you’re involved in a workplace accident. As such, it is essential to see the doctor immediately after you suffer an accident, both to treat and take note of the injuries.
Workers compensation entitles you to a second opinion - if you are unhappy with a doctor appointed by your workplace, or believe that your problem may be more severe that the consulting doctor reports, you will need to inform your company that you will be seeking a second opinion. Medicare may cover this, or the company itself.
Consult a Workers Compensation Attorney
We all understand that the law sometimes isn't fair. You might be injured at work, and you are required to be compensated by the worker's compensation, but you won't be until you prove your case.
If an accident does happen, you may need a workers compensation attorney who will stand with you until fully compensated. For instance, if you are injured on a construction site, you may require construction accident help to ensure you sail through your worker's compensation case. Hiring a competent lawyer ensures that all your expenses, time, and other details are fully considered when making a worker's compensation claim.
Initial consultation with these lawyers is usually free. Through their experience, knowledge, and expertise, they will help you carry on with this case until the victorious end.
Report Injuries as Soon As Possible
As highlighted above, many injury cases are time-limited. This means that if you don't report the accident, you might not get the benefits. Your employer has to file for the compensation case on time and if you don't inform them of the accident, they might not report it even when they know about it through other means. Report the accident on time as required to increase your chances of getting the benefits.
You also need to follow up with the workers compensation claim to see if it has been filed. As the victim, you are entitled to have a copy of the worker's compensation claim. The copy assures you that something is being done for your injuries.
Consider Submitting a Grievance
Sometimes, a workers compensation case might not go your way, but that doesn't necessarily mean you should give up on receiving compensation. If you suffered injuries and the investigation didn't favor you, you have a right to submit your grievance through your lawyer to have your case reheard. Some workers have benefitted after having their case thrown out due to lack of evidence or grounds for compensation.
If your case is thrown out, you can call your lawyer and discuss how you may submit a grievance. Filing a grievance may lead the team to reinvestigate the accident and have you compensated.
What is Not Covered Under Workers Compensation laws
Besides knowing what to do to increase your chances of compensation, it is also essential to understand what is not covered so as you don't waste your time following up with the case. To start with, once you are covered with workers' compensation insurance, you do not have a right to sue your employer for any injuries for the most part.
Some incidents or accidents may not fall under workers compensation, while others, such as injuries that occur during travel to and from work may be covered. Check with legal representation as to what fall under workers compensation law in your field, as different industries may have different categories or classifications of accidents and injuries.
No matter your industry, you cannot benefit from workers' compensation if you are injured while drunk or under the effects of any controlled or deliberately misused substances in the workplace. Therefore, you should expect nothing if you get injured while intoxicated.