What Should I Do After an On-the-Job Accident?
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What Should I Do After an On-the-Job Accident?
On-the-job accidents are common in any workplace, so it is important to know what to do after an accident at work. While workers’ compensation benefits might be able to help you, it’s possible that you will need to look for an attorney to assist you if you’re having trouble with your employer and your benefits. Morgan & Morgan is always available to help, no matter where you’re located. As the largest personal injury firm in the United States, we have lawyers across the country who are always available for you. We help victims of workplace injuries get the compensation they deserve so they can get back on their feet after an unexpected accident. We know what it takes to file a successful workers’ compensation claim and we’re always available to help. Contact Morgan & Morgan today for a free consultation.
What to Do After an Accident at Work
After you’ve been injured on the job, you will likely need to look into workers’ compensation benefits. Workers' compensation insurance is a benefit that most employees receive through their employer. It provides wage replacement and medical coverage for employees after an on-the-job injury or illness. However, there are several steps you must take before applying for workers' comp benefits, including the following:
- Report the accident to your supervisor,
- Contact a workers’ compensation attorney,
- Taking time off to recover from your injuries,
- Keep a record of all expenses incurred as a result of the injury,
- Document relevant details, and
- Seek help from loved ones, if needed.
Common Workplace Injuries
There are many types of on-the-job accidents, but some are more common than others. The occupations that account for the vast majority of workplace accidents include nursing assistants, heavy truck drivers, and laborers. The most frequent workers' compensation claims involve slips and falls, carpal tunnel syndrome, back injuries, and musculoskeletal disorders.
If you have experienced any of these injuries, it is important to report them to your employer as soon as possible and to seek medical attention. Failing to do so could result in the denial of your workers' compensation claim.
When Can You File a Workers Compensation Claim?
If you are injured on the job, your employer is responsible for providing you with medical coverage. This means that you will have access to necessary medical treatment without having to worry about paying out-of-pocket expenses. You may also be eligible for prescription drug coverage and other medical services depending on your state's workers' compensation laws.
Many states require employees to report their injuries within 24 hours of the accident having taken place. You will also need to see a doctor within a certain time frame unless you are unable to work due to your injuries. In addition, some states require employees who have suffered from an on-the-job injury or illness for more than seven days to submit proof that they sought medical treatment.
Steps to Take After an Accident
If you or a loved one has been injured on the job, you might feel stressed and confused about what to do after an accident at work. While every situation is different, there are some simple steps that every injured worker should take after an on-the-job accident.
1. Report the Accident to Your Supervisor Right Away
It is important that you report your injuries to your supervisor or any other designated authority as soon as possible. Doing so will help ensure that you receive the necessary medical attention and that your employer is aware of the situation. Also, failing to report the injury promptly could interfere with your ability to recover workers’ compensation benefits.
2. Contact a Workers’ Compensation Attorney
If you have been injured on the job, it is best to contact an attorney experienced in workers' compensation law. They will be able to provide you with specific advice about your situation, including whether you are entitled to benefits. They can also ensure you are taking all the necessary steps to recover maximum compensation for your injuries.
3. Take Time Off if You Are Injured or Need Medical Care
If your injury prevents you from performing the tasks required by your job duties, then it is best that you take some time off until you have recovered. Most states will allow employees who suffer an on-the-job injury up to two years of leave. At the end of the day, it’s important that you take care of yourself and fully recover from your injuries - so you shouldn’t return to work before you are ready.
4. Keep a Record of all Expenses Incurred as a Result of the Injury
If you have to miss work due to your injury, or if you have to pay for medical treatment out-of-pocket, be sure to keep track of all associated expenses. This information can help prove that you are entitled to workers' compensation benefits and ensure you are reimbursed for all out-of-pocket costs.
5. Document Everything!
If you are injured on the job, it is best to document as much information about your accident and injuries as possible. This includes taking pictures of any damage caused by the accident or injury, writing down all details provided during medical appointments, and keeping track of receipts for expenses incurred due to the injury. You may also want to keep a list of witnesses that can corroborate your account of the accident.
6. Seek Help From Loved Ones if You Need It
If the injury has a significant impact on your life, don’t be afraid to seek support from friends and family. You may also wish to contact local or state agencies for additional assistance. For example, in some states, there are organizations that will provide financial aid to those who have been injured at work so they can continue to live their life while they are recovering.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How long do I have to file a claim for workers’ compensation?
In most states, you have to file a workers' compensation claim within two years of the accident. However, there are some exceptions; for example, if you were injured while on military leave or if you were exposed to a toxic substance at work - you may have longer to file your claim.
It is important to note, however, that it is best to file a claim as soon as possible regardless of the statute of limitations. This is the best way to secure the evidence you will need to support your claim - which will increase your chances of legal success.
Do I need an attorney?Â
You are not required to have an attorney to file a workers' compensation claim. However, it is always advisable to seek legal representation from an experienced lawyer. Many employers try to dispute workers’ compensation claims and an attorney can help represent your best interests.
What kind of settlement can I expect?
Settlements vary from case to case. If you have been injured on the job, it is advisable to contact an experienced attorney for more information about your legal rights and available options. Some states place caps on workers’ compensation benefits, while others do not. An attorney will be able to advise you on whether you can select a different jurisdiction in which to bring your claim - which may be an option if you are employed in one state but are injured in another.
How do I choose a workers’ compensation attorney?
First, make sure you find an attorney experienced in workers’ compensation law because not all attorneys focus on the same practice areas. Don’t be afraid to ask them how much experience they have with workplace injuries and whether they can provide examples of successful claims they’ve filed on behalf of other clients. Finally, work with an attorney with whom you have a good working rapport. After all, you will need to communicate with them regularly about the status and progress of your case, so it’s important to select an attorney you like working with.
What if I can't work?
If you are unable to work due to your on-the-job injury, you may be entitled to wage replacement benefits through workers' compensation. These benefits vary from state to state, but typically provide a percentage of the employee's average weekly wage. To qualify for these benefits, you must be unable to work for a certain number of days or weeks.
Morgan & Morgan Can Help
Morgan & Morgan’s experienced workers’ compensation attorneys know what it takes to obtain maximum compensation for workplace injuries. We believe our hard-working clients shouldn’t have to suffer the consequences of workplace accidents alone, and we’re always ready to provide much-needed guidance to ensure you achieve the best possible outcome. No matter where you’re located, we can help. We know what to do after an accident at work, and we are happy to speak with you. Contact Morgan & Morgan today for a free consultation.