The First Thing You Should Do If You Are Injured at Work – Many employers use special programs to prevent workplace accidents. The safety of the workplace and efforts to prevent work related injury or illness should both benefit the employee and their employer. When the employer provides a safe work space, it saves money for the employer and employee alike. Unfortunately work related injuries do happen at work no matter how much safety is put in place. This article provides a great resources for occupational and workplace injuries. Although it is written by an attorney, it is not legal advice. Read below to learn about the first thing you should do if you are injured at work.
Reporting The Injury To Your Employer
The first thing you should do if you are injured at work is to report the injury or illness to your employer. It is important to do this as soon as possible after the accident so that your employer can take action to protect you and other employees from further injuries.
Enlist Help to Report As Necessary
If you are too seriously injured to report the accident yourself, have someone else do it for you. Be sure to get the name and contact information of the person who reports the accident so that you can follow up with them later date.
Your Employer Should Take It Seriously
Your employer should take your report seriously and investigate the accident to determine what happened and how to prevent it from happening again. Once your employer has this information, they should provide you with a written copy of their findings.
You should also receive a copy of the accident report if you request it. If your employer does not have a written policy for reporting accidents, you may want to ask for one.
How Long Do You Have To Report An Injury On The Job
Reporting the accident to your employer as soon as possible is the first thing you should do if you are injured at work. In most cases, you must report within 30 days from the date of the accident to report it. This is an important deadline because if you do not report the accident within this time frame, you may lose your right to receive benefits.
Reporting Quickly Helps With Credibility
Regardless of reporting within 30 days to report, you shouldn't wait that long! The credibility of your claim could be questioned if it takes you several weeks or even months to report an injury. It is much better to report an injury as soon as it occurs so that your employer can take action to protect you and other employees from further injuries. That's why it's the first thing you should do if you are injured at work.
What if I didn't know about my injury or illness before the reporting deadline expired?
If you were not aware of your injury or illness until after the deadline had expired, you should still report it to your employer as soon as possible. You may still be eligible for workers' compensation, but it is important to tell your employer about the accident so they can investigate and prevent future accidents from happening.
Occupational Disease, Cumulative Trauma, Repetitive Work Activities
Depending upon the extent of injury or illness you didn’t learn before the date of your report, you could still receive benefits. These are most common with injuries from repetitive work activities known as cumulative trauma injury. By definition, repetitive stresses are slowly arising with time. However, employers and insurance companies can often claim because they believe employees missed the workers’ compensation period. But these are legitimate injuries and there are legal theories to extent to reporting period!
Filing a Claim with Workers' Compensation (Claim Form Time)
You may be eligible for workers' compensation benefits for your work-related injury. These benefits can help you with medical bills and lost wages while you recover from your injuries. To learn all about the benefits of workers' compensation, check out our article on California Workers' Compensation Benefits Explained.
To apply for workers' compensation benefits, you will need to file a DWC-1 Claim Form with your employer's workers' compensation insurance company. You should do this as soon as possible after the accident.
You will need to provide the insurance carrier with information about the accident, your injuries, and your medical treatment. You will also need to provide information about your lost wages. The insurance carrier may require you to see a doctor of their choosing to verify your injuries.
You should keep copies of all the paperwork related to your workers' compensation claim, including any correspondence with the insurance adjuster.
How Do I Fill Out The DWC-1 Form?
On this form the injured worker will need to provide more detailed information, including:
- The name and address of your employer.
- Your job title and description of your job duties.
- The date and time of the accident.
- Where the accident happened.
- How the accident happened.
- A description of your injuries.
- Names and addresses of any witnesses to the accident.
- The name and address of the doctor who treated you for your injuries.
- Any other relevant information about the accident or your injuries.
Your Employer Should Complete Their Portion
The employer should complete their portion of the form and provide it to the workers compensation carrier. If you are not able to fill out your portion, then your employer or someone else should do it for you.
What should I do if my employer does not have workers' compensation insurance?
If your employer does not have workers' compensation insurance, you may still be able to get benefits through the state. Each state has a workers' compensation program that provides benefits to injured workers.
To file a claim with the state, you will need to fill out a form and submit it the Uninsured Employers Benefits Trust Fund (UEBTF). You will also need to provide medical records and other documentation to support your claim.
It is important to note that if you file a claim with the state, you will not be able to sue your employer for your injuries. The system is designed to be the sole remedy for workplace injuries.
Can I hire a lawyer to report my work-related injury?
You should report the injury or illness to your employer yourself. However, if you are already terminated, laid off, or out of touch with your employer, your attorney can file the form by mailing it to your employer and their insurance carrier by first-class mail. You should definitely approach a workers comp lawyer asap to talk about this situation and what to do next.
What are the benefits of workers' compensation?
Workers' compensation benefits can help you with medical bills and lost wages while you recover from your injuries.
To receive workers' compensation benefits, you will need to file a claim with your employer's workers' compensation insurance. You should do this as soon as possible after the accident.
You will need to provide the insurance carrier with information about the accident, your injuries, and your medical treatment. You will also need to provide information about your lost wages. The insurance may require you to see a doctor of their choosing to verify your injuries.
You should keep copies of all the paperwork related to your workers comp claim, including any correspondence with the insurance. Make sure your things are securely filed and that you meet all deadlines including the 30 days as an employee to provide written notice of your injury or illnesses within 30 days.
Appealing a Denied Claim
If your employer denies your workers' compensation claim, you have the right to appeal their decision. The first step in appealing a denial is to file a notice of appeal with the state workers' compensation office.
You will then need to present your case to an administrative law judge. This will involve submitting evidence and testifying about your accident and injuries.
If you are not comfortable representing yourself, you may want to hire an attorney who specializes in workers' compensation. You should not have to bear the financial burden of a work related injury or illness that happened at work. If you have been injured on the job, take action to protect your rights and get the benefits you deserve
Ask a Workers' Compensation Attorneys
An experienced workers' compensation attorneys will be able to give an accurate estimate of your deadline and how it should affect your situation. If you are not complying with all these deadlines then your attorney is going to be sure to stop you from obtaining workers comp for any reason. If your employer says the claim was too late you may contact your local employment law firm for advice about how to file a worker comp.
All Our Services Help Advance Your Case
This concludes The First Thing You Should Do If You Are Injured at Work. Advice is only one service we provide at Napolin Accident Injury Lawyer. Meeting deadlines, filing claims, collecting data, meeting you at the office, helping you through the process with top notch legal services designed to submit your occupational claims for benefits without 30 days to the Division the local WCAB district office. You may contact our office to learn more about the process and the resources that we have available. Contact us today to get your claims started, deadlines met, and the treating that you deserve!