If you’re injured at work it can be extremely upsetting, stressful and dispiriting. Especially when your injury was not your fault. In addition to medical expenses you may incur you might also have to deal with loss of earnings while you convalesce. And your employer may not always make it easy or transparent to make a claim for workers’ compensation (as is your right). While nobody wants to run the risk of alienating their employer or distancing themselves from colleagues, if you have been injured as a result of a co-worker’s negligence or failure to observe proper safety protocols the least you can expect is adequate compensation.
If you’re unsure where to start in making a workers’ compensation claim, remember that you are not alone. We can help you! In order to help us to help you, try and follow this strategy as closely as possible;
Promptly Seek Medical Care
If you have been injured at work, you need to seek medical care immediately. Even if you aren’t in great pain or if you generally feel okay, it’s important to seek medical attention as your injury may have caused damage of which you’re not even aware. If you have been hit on the head, do not attempt to drive yourself to a hospital. Get a colleague to take you if possible or call a taxi.
Not only can a doctor render the medical assistance you need, their expert insight will be vital in helping to build your case. If you delay seeking medical treatment, an insurance company may use this fact against you. Use your own doctor or choose one yourself. Do not choose one recommended by your employer’s insurance company… for obvious reasons.
Notify Your Employer
Your employer needs to be notified as soon as the incident occurs, and a note needs to be made of the date and time the accident took place and exactly what happened. Again, this is integral to your case and important information to your employer. The longer you leave it the more it will damage your claim. Ideally, your claim should be made within 24 hours of reporting the incident.
Remember it is illegal for your employer to take any form of retribution against you for filing a workers’ comp claim!
Talk to an Experienced Workers’ Comp Attorney
Before talking to anyone’s insurance company (which can seriously weaken your ability to negotiate) you should ascertain whether or not you need an attorney. While you can make a claim without one, you stand a significantly higher chance of it being rejected without legal aid.
An attorney can guide you through the process of making the claim and do everything in their power to ensure you reach the settlement you deserve.
Monitor Your Health
Keep in touch with your doctor and ensure that detailed notes are being kept regarding your convalescence. Make sure you get periodic documentation from your doctor as this will prove valuable in supporting your case.
Reach the Maximum Improvement
Maximum improvement is the legal term to say that you have recovered as much as possible and that your doctor can do no more for you.
Try to Reach a Resolution
Your personal injury attorney will advise on whether it is better for you to try and reach a settlement without going to trial or whether a trial will be the only way to get you the recompense that you deserve.
Contact Charles Bean & Associates for Your Workers’ Comp Claim
With 40 years’ experience in the field of personal injury law, Charles Bean in Coeur d'Alene, Idaho has the in-depth legal knowledge and passion for justice that get you workers’ compensation claim result that you deserve. Charles Bean & Associates is proud to have been listed in National Trial Lawyers’ Top 100 Trial Lawyer for 7 Years Running.
Contact us today to arrange a free 45 minute consultation.