Injured at Work? Here is What To Do
Employers are bound by law to give their employees a safe place to work. They must take reasonable precautions to make sure all work areas are as free from hazards as possible. Some jobs are more dangerous than others, but no matter the industry, employers are obligated to follow the rules set forth by the Occupational Safety and Health Administration. So what happens if you’ve been injured on the job? What do you and your employer need to do?
Hidden Dangers at Work
Being injured on the job is more common than you might think, even if you work in an office environment. Those in the scientific and industrial sectors face dangers from chemicals, including burns and toxic exposure. Manual laborers are prone to injury from broken bones or strained ligaments. Even office workers can be susceptible to injuries or conditions such as carpal tunnel and tennis elbow that can prevent them from performing their regular duties.
Psychological injuries are another facet some don’t often think of, but high-pressure professions like those in the medical field or stock trading are susceptible. If you’ve sustained an injury on the job, the most important first step you can take is to inform your employer. Telling your employer about the incident is the initial step in receiving worker’s compensation benefits.
The Ins and Outs of Worker’s Compensation
Virtually every state has a worker’s compensation program, designed to help workers injured on the job pay for medical expenses and lost wages. The State of California has a specific process for retrieving your worker’s comp benefits:
- Report the incident promptly. Sometimes injuries take days or weeks to fully manifest, but report your symptoms as soon as you can. Failure to report your injury within 30 days could result in a delay or rejection of benefits.
- Seek immediate medical treatment. Whether it’s emergency care or a trip to your primary care provider for testing, seek medical attention for your injuries. Worker’s compensation benefits can retroactively pay for medical bills, so don’t worry about not being able to afford treatment. Your health should be your first priority.
- File a worker’s compensation claim. Each claim form comes with an “employee” and “employer” section. Only fill out the employee section, and return it to your employer as soon as possible.
- Once employers submit claims to the program, they have 14 days to make a decision on your case. Request a copy of the form to keep for your records.
- If you’re injured on the job, your employer is required by law to provide you with medical care. If you’re a temporary or part-time employee, you may still qualify for benefits.
- If you’re injured on the job, it’s illegal for your employer to fire you, even if you miss time from work.
- If your injuries are extensive enough to prevent you from returning to work, you’re legally entitled to some sort of disability compensation.
- In the event that your worker’s compensation claim is denied, you have the right to issue an appeal. You also have the right to have a lawyer represent you through the claims process.
Choose an Attorney Who Delivers Results
Although it’s illegal to do so, employers may try to dissuade you from filing worker’s compensation claims. Even worse, they may leave out essential facts in their versions of a claim, leading to worker’s compensation denials. To avoid unfortunate situations such as these, hire a law firm to protect your rights through the claims process. Whether it’s pursuing a personal injury claim in addition to your worker’s compensation benefits for pain and suffering or simply compelling your employer to comply with regulations, our team can help. Contact us today for a free initial consultation.