How Long Do I Have to See a Doctor After a Work Injury?

Most states require employees to notify their employers within 14 to 30 days of the injury. However, there are some exceptions to this rule. For example, if you suffer a work-related illness that develops gradually, the deadline for notifying your employer will be much longer.

The steps you need to take after a workplace injury will depend on the unique circumstances of your case. Generally, here are some critical steps to follow:

Seek Immediate Medical Attention

Seeking medical attention is even more important than notifying your employer the first thing you get injured. This is because the earlier you get treated, the better it is for your overall well-being.

Notify Your Employer About the Injury

Inform your employer that you have been injured in the workplace. The employer should provide you with the required paperwork to begin the workers' compensation claims process.

Gather Evidence to Support Your Claim

Just because you got injured in the workplace and are eligible for workers' compensation does not mean your employer or insurer will believe your claim without asking any questions. For this reason, gathering crucial evidence and information relevant to your case is vital. Examples of evidence you could use to support your claim include the following:

• Photos and videos of your injuries
• Copies of your medical records
• Witness statements
• Security footage

Contact a Workers' Compensation Attorney

If you suffered serious injuries that prevented you from returning to work for a while, contact an experienced workers' compensation attorney. The attorney will discuss the specifics of your case and advise you on how to proceed.

Yes, it is important that you get checked by a doctor, even if you feel that your injuries are not that severe. Remember, your health comes first. Also, keep in mind that some injuries take time to show, and by the time they begin to show their symptoms, it may be too late to seek treatment.

For example, let's say you slipped and fell down a flight of stairs but did not suffer any cuts or bruises. In that case, while you may not have suffered any visible injuries, internal injuries are always a possibility. The last thing you want is to discover that you suffered internal injuries when it is too late to get the treatment you need and deserve.

Some common work-related injuries include but are not limited to:

• Head injuries
• Broken bones
• Cuts and bruises
• Concussions
• Burns
• Strains and sprains
• Whiplash

The truth is that not all injuries are covered by workers' compensation insurance, even if you are eligible for this coverage. The circumstances that led to the injuries will determine whether you deserve compensation. As a general rule, employees cannot be compensated for damages caused by negligence. However, this does not mean they cannot be compensated if they were at fault for the accident.

Workers' compensation insurance is no-fault insurance, meaning you can still obtain compensation even if you are at fault. However, you may not be eligible for compensation if the injury occurred due to negligence.

For example, say you got injured in the workplace because you were drunk. In that case, you will not be eligible for compensation if the employer prohibits the consumption of alcohol in the workplace. This is because alcohol consumption leads to impaired judgment. 

Again, the correct answer to this question will depend on the specifics of your case. At times, filing a workers' compensation claim right away is the right thing to do. Other times, it may be advisable to wait a little longer before filing a claim.

For instance, if you suffered serious injuries and are undergoing treatment, it is advisable to wait a little longer before filing a claim. This is because if you file a claim prematurely, something the other party will hope you do, you might end up paying a portion of your medical expenses out of pocket. As a general rule, if you are receiving treatment, it is advisable to contact an attorney before filing a claim.

The attorney will review the nature of your injuries and the circumstances of your case and establish when it is right to file a claim. This ensures that you are fully compensated for your past, current, and future medical expenses, including lost wages and other benefits you may be entitled to.

Workers' compensation insurance mainly aims to ensure that employees get compensated for their workplace injuries and protect employers against lawsuits. However, this does not necessarily mean that it is entirely impossible to sue if you have been injured in the workplace.

On the contrary, you may be able to file a lawsuit if:

• your employer directly caused the injury;
• a third party, such as a delivery driver, caused the injury; or
• your employer did not have workers' compensation insurance even though you were eligible for coverage.

Typically, workers' compensation insurance covers your medical expenses and lost wages. However, suppose you lost a loved one due to an injury or illness in their workplace. In that case, you may recover death benefits.

Just because your employer claims you are not eligible for workers' compensation benefits does not necessarily mean you cannot file a claim. Sometimes, rogue employers mislead their employees to discourage them from filing workers' compensation claims.

Keep in mind that workers' compensation insurance works just like your car insurance; the premiums increase when an insured files a claim. The same applies to workers' compensation insurance in most cases. Insurance companies will charge higher premiums if they believe their client's workplace is unsafe. And one of the major signs that a workplace is unsafe is when an employee files a claim.

Secondly, most employers may want to protect their reputation, especially if the worker suffered serious injuries due to extreme negligence. As a result, rogue employers might discourage employees from filing claims when they get injured in the workplace.

In other cases, employers willfully or unknowingly misclassify their employees as exempt, preventing them from filing workers' compensation claims. This is because when a worker is classified as an independent contractor, they are treated as such. As a result, they cannot file a worker's compensation claim because this insurance only covers company employees.

The bottom line is that it is best to consult an attorney if you feel you deserve compensation for your injuries, but your employer would not let you file a claim.

The truth is that not every case requires an attorney. For instance, if you suffered minor bruises that did not prevent you from working, you may not necessarily need an attorney. On the other hand, suppose you suffered severe injuries requiring expensive treatment such as surgery and a significant amount of time away from work. In that case, an experienced attorney can help fight for your right to compensation for your medical expenses and other benefits you may be entitled to.

The attorney can also explore other avenues to maximize your benefits, including but not limited to filing a lawsuit against your employer or a third party responsible for your injuries.

When you file a workers' compensation claim, you can only recover medical expenses, lost wages, and other employment benefits you may be entitled to. On the other hand, when you file a personal injury lawsuit, you can recover economic and non-economic damages.

Economic damages include but are not limited to medical expenses, lost wages, lost earning potential, cost of transportation to and from your medical appointments, etc. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and so on.

A workers' compensation lawyer can help in many different ways. Examples include:

• Evaluating your case to determine whether it is valid
• Gathering crucial evidence to prove your claim
• Assessing your damages to determine the damages you may be entitled to
• Identifying the parties at fault for your injuries
• Creating a legal strategy to maximize your claim
• Filing a claim on your behalf
• Representing you throughout the negotiation process

If you are looking for an attorney to fight for your right to workers' compensation, look no further than Morgan and Morgan, the largest personal injury firm in the country. At Morgan and Morgan, we understand how challenging it can be to deal with insurance companies and rogue employers. In fact, most employees are usually afraid of losing their jobs when they file a claim for compensation. Unfortunately, what most workers do not realize is that it is illegal for employers to retaliate against them for filing a workers' compensation claim.

Our law firm files the most labor and employment claims in the United States. With such a solid history of fighting for the rights of the injured, you can count on us to defend your right to compensation. Fill out our free case evaluation form to get started.