What to Do If You Are Injured at Work
Injuries at work can be very serious. Employers are required to provide benefits to workers who are injured on the job, such as paying for medical treatment and disability benefits. Here’s how the process should work.
What to Do If You Are Injured on the Job
The first thing you need to do is to get medical treatment for any injury. The second most important thing is to report the injury. Although you may tell your supervisor that you’re leaving to get medical treatment for an injury, you’ll want to follow up with a written report of some kind with your employer. Some employers have a timeline for reporting injuries, or you risk reprimand or other consequences for failing to report the injury. Even if an injury seems mundane, you should report it to avoid having problems getting treatment later on.
How Workers’ Compensation Claims Should Work
Once you report your injury and get medical treatment, your employer’s insurance should cover your medical bills. If you are out of work, you may be entitled to receive temporary disability. Workers’ compensation claims are “no fault” claims. This means that negligence is not an issue. For example, you were injured while lifting a heavy box, but didn’t follow the correct procedure of lifting with your knees. Workers’ compensation won’t deny a claim because you might have been liable for your injuries. In addition, your employer cannot retaliate against you for filing a workers’ compensation claim. However, you may face consequences for not following protocols or regulations.
What If Your Employer Doesn’t Have Workers’ Compensation or Doesn’t Report the Injury?
Most employers are really good about worker’s compensation, because the system is designed to protect them against liability lawsuits. If your employer isn’t going through the steps to report your claim though, you’ll need to take the necessary steps to protect yourself. It is your responsibility to follow up with your employer to make sure it is going through the workers’ compensation process adequately.
If your employer hasn’t reported the injury, you may need to reach out to the state department of labor to take the next steps based on the laws and rules in your state. An injury lawyer may be able to help you get compensation for your injuries and to protect your rights. Typically, when injured at work, you can’t bring a lawsuit against your employer, but if your employer isn’t paying for your injuries, you may have a case. An on the job injury attorney in New York, from a firm like Polsky, Shouldice & Rosen, P.C., may be able to answer any questions you may have.
