When you’ve built your livelihood around showing up and doing your job, getting injured can feel like a major setback to your entire life. One accident can disrupt your income and jeopardize your future. That’s why it’s crucial to respond properly after experiencing a workplace injury. Whether you pursue workers’ compensation or a lawsuit, knowing what to do and how to do it can help you avoid total ruin.
Recognize the immediate impact of your injury
You probably already know it’s important to get medical care right away, but you may not realize it’s not just for your physical wellbeing. Getting prompt and appropriate medical treatment is critical for pursuing compensation, whether it’s through workers’ comp or the court system. You won’t have a case if you skip being seen by a doctor.
After a workplace injury, notify your employer in writing, even if you’ve already had a discussion. Many states have strict deadlines for giving notice, so don’t wait on this. Waiting too long could render you ineligible for benefits.
As soon as possible, take photos, document details, and get names of coworkers or other witnesses who either saw your accident or saw the hazard that caused your accident.
Consider the impact on your job and wages
If your injury prevents you from working or is forcing you into a lighter duty role, take note of that. It’s going to impact your income until or unless you recover or find other work. According to insurance data, a typical workers’ comp claim is about $41,000, but the amount of a claim is based on actual medical bills and lost wages. Any compensation you recover will go to bills. You’ll still need a plan for future work if you can’t return to the same job. And that’s why it’s crucial to seek medical care right away. If you don’t, you could lose access to benefits.
Understand how workers’ compensation works
In nearly all cases, a workplace injury is required to be compensated through workers’ comp. You can only file a lawsuit in rare cases, like if your employer doesn’t carry a workers’ compensation policy.
The federal workers’ compensation program covers wage replacement, medical bills, vocational rehabilitation, and other benefits. But there are strict deadlines for filing a claim. If you miss the deadline, you will likely miss out on benefits.
Once you report your injury to your employer, they’re required to investigate the claim, cover treatment, and pay for wage replacement in some cases. However, some employers contest claims in ways that reduce benefits, so be prepared for that potential. There are also different rules that apply to various sectors, like construction, oil, and manufacturing, which can impact benefits.
It’s important to understand how the process works and what you’re entitled to so you don’t unknowingly sign away your rights. If you’re not sure what to do, it will help to contact a workers’ compensation attorney. They can tell you what to do and help negotiate higher benefits if you’re being lowballed.
Protect your job while you recover
Know your rights at work. Your employer might be required to hold your position or allow you to return to work in the same position with temporary accommodations. There are no guarantees, but communication can go a long way in preserving your career. Actively offering to perform light-duty tasks can protect your job.
While some employers want to support their injured employees, that’s not always the case, so don’t assume. Still, maintain a professional attitude and communicate with your employer regarding your treatment and recovery timeline. Just don’t overpromise what you can do or when you’ll be fully functional again.
Be prepared to appeal
Once you file your claim, the insurer will investigate the situation. They’ll review your injury, your job duties, your employer’s report, and your medical documentation. Your claim could be accepted right away, or it might be contested. If your claim is denied, don’t hesitate to file an appeal. Claims are often denied unfairly. According to the data, around 70% of initially denied claims end up being paid.
Have a plan for rebuilding your career
Whether your injury knocks you out for a couple weeks, a few months, or permanently, having a plan to rebuild your career will be a lifesaver. If you think there’s even a small chance that you’ll need to pivot to maintain your current income, start planning ahead now. Instead of just bouncing back, you’ll level up.
