What should you do if you are injured at work?
Any kind of injury is painful, but a work-related one can compound the already terrible pain and uncertainty you’re feeling. If you’ve ever been hurt at home, you presumably already know the address of the nearest emergency room or urgent care center as well as the amount your insurance will pay for treatment.
However, after suffering an injury on the job, you may be confused about how to proceed. your situation may be, whether you’ve been hurt recently or are simply curious about what to do in the event of an injury on the job, keep reading to find out what options are available.
After an Injury Happens on the Job, What Comes Next?
Seek immediate medical assistance in the event of any injury, whether it is at work, in a car accident, or even at home. Many states only give you a short amount of time to tell your boss, but your health and safety should come first.
You are required by law to notify your employer following a work-related injury. The next step is to go to the workers’ compensation board in your state and submit a claim. Please review the workers’ compensation laws of your state, as they may differ from those of other states.
Workers’ compensation coverage is job and state specific; still, you are required to inform your boss of any work-related injuries.
Coverage extends to all employees in certain states. A number of states provide special exemptions for certain occupations, such as farm workers, jockeys, and ski patrol volunteers, among others.
Legal Protections for Work-Related Injuries
Although each state’s workers’ compensation laws are unique, many of the rights guaranteed by these laws are the same across the board.
Injured on the job? If your state’s workers’ compensation rules apply, you should be able to get the following benefits:
-When you sustain an injury on the job, you have the legal right to get medical treatment.
-If your doctor gives you the all-clear, you can go back to work.
-It is common practice to provide disability benefits to those who are unable to work due to an injury or illness.
-The state’s industrial court or workers’ compensation court is the proper venue for you to bring your injury claim.
-A hearing in the workers’ compensation court (or its equivalent in your state) is within your legal rights.
-It is your right to get all of the workers’ compensation benefits to which you are eligible, and it is also your right to challenge any rejection of your claim.
-Workers’ compensation lawyers are there to help you every step of the way, beginning the time your injury occurs.
What is the time limit for filing a claim following a work-related injury?
The statute of limitations for reporting injuries on the job and submitting claims varies from state to state.
You have one year from the date of injury to submit a claim in Texas, for instance, and thirty days to notify your employer. The statute of limitations for filing a claim is two years following the event in many states. However, you have a lot less time to notify your employer.
A simple “as soon as possible” notice is all that’s needed to comply with the law in many states. According to Wyoming law, employees must inform their employers as soon as is feasible but not more than 72 hours after the overall extent of the damage becomes apparent. New Hampshire, on the other hand, gives workers two years to inform their employers and three years to submit a claim.
In the workplace, what are the most typical kinds of accidents?
The National Safety Council reports that the following injuries occur most frequently on the job:
-Dangerous substance exposure
-Trauma from overuse or excessive exertion
-Accidental falls
-Mishaps involving machinery
Curiously, prior to the COVID-19 pandemic, exposure to dangerous substances was the sixth most common cause of work-related injuries. The danger of contracting COVID-19 and other contagions has made this type of injury the most common in the workplace.
Are Employers Liable for Workplace Injuries?
Workers’ compensation insurance protects businesses from financial losses caused by employee injuries, but it often comes with a catch: workers can’t sue their employers. Within this rule, there are two main outliers.
If Workers’ Compensation Doesn’t Apply, You May Be Able to Sue Your Employer
The protections afforded to employers by workers’ compensation laws do not extend to you if you are subject to one of the states’ exceptions to such laws. Workers in the agricultural sector, public sector, domestic service, and other similar occupations are exempt. You would have to sue your employer for personal injuries if you wanted to get compensation for your work-related injuries because workers’ compensation isn’t available in your state.
Wrongfully Denied Workers’ Compensation Claims Can Also Lead to Employer Litigation
If you were hurt on the job and file a workers’ compensation claim in a timely manner, your employer is required by law to pay for your medical bills and other related expenses, typically through their insurance. A worker’s compensation claim denial does not preclude you from suing your employer for the benefits that were due to you under your claim.
Keep in mind that there may be additional procedures you need to complete in order to suit in a certain state. An example would be having to appeal a claim refusal.
What constitutes an injury in the workplace?
Any disease, injury, or condition that you may have as a result of your employment and how it relates to your job responsibilities is considered a work-related injury.
In most cases, for instance, unless driving is directly tied to your employment, an automobile accident will not qualify. So, unless driving is an essential component of your employment, workers’ compensation will not pay for injuries sustained on the way to or from work.
Do workers’ compensation benefits ever expire?
For an accident or illness to be eligible for workers’ compensation payments, it must:
-Happen when working
-Be directly applicable to your work
-Not have any legal barriers to receiving workers’ compensation benefits in your state
-Have a degree of severity that makes a speedy recovery impossible
Workers’ compensation may not be applicable if you can make a full recovery within a few days, though this varies by state. Coverage is unlikely to extend to common medical issues like a sprained ankle or the flu. Conversely, workers’ compensation would most likely pay for medical expenses related to a broken leg or cancer that developed as a result of exposure to toxins on the job.
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