Work accidents are one of the leading causes of personal injuries across the country. From slips and falls, and overexertion to being struck by moving objects, the potential to be injured in the workplace is higher than most people may think. Fortunately, almost every state in the U.S. requires employers to provide workers’ compensation insurance.
This state-mandated form of insurance pays out medical and financial benefits to employees who have been injured in the course of their duties. In exchange for this coverage, employees waive their right to bring legal action against their employer. In order to receive the benefits they are entitled to, injured workers must ensure they fulfill certain conditions to avoid forfeiting their rights. In this article, we will explore some common errors that workers should avoid to ensure they receive the compensation they deserve.
Not Reporting Their Injury
To begin the process of filing a claim, workers typically need to report their injury to their employer through formal means such as in writing or via a prescribed form. This report should also be made within a certain timeframe known as the statute of limitation which may vary from state to state. Any claims made after the deadline will be invalid. In addition to creating an official account of their injuries and the incident that caused them, timely reporting also makes it more difficult for an employer or their insurer to challenge the claim.
If you are considering pursuing a workers’ compensation claim these workmen’s comp lawyers can help determine whether you are likely eligible for payment by examining your accident and presenting you with the best options on how to proceed.
Failure to Seek Timely Medical Attention
This is another important step that many employees fail to take. Prompt medical treatment will not only ensure a worker receives the treatment they need and has it officially documented but can also prevent a worsening of their condition. This is important in the event that an employer disputes the employee’s injuries or how they arose. It also avoids the risk of insurers attempting to limit their liability on the grounds that the worker allowed their condition to deteriorate.
Another common defense that can be averted is that the employee had a pre-existing health condition that caused the injuries, rather than their work duties. Medical records can help establish a causal link between the injury and the workplace incident, ensuring the worker has a strong case for compensation.
No Documentation
In some situations, a workplace injury only becomes apparent some time after the incident occurred. By this point, it can be challenging for the injured party and any witnesses to recall the exact details that led to the accident.
For this reason, it is important to document key information immediately following a workplace injury. This should include matters like the date and time it took place, the location, the names of any witnesses and their account of what happened. A detailed description should also be noted regarding how the accident happened, with visual evidence such as video footage of the scene and photographs of any injuries.
By following these steps, workers can greatly improve their chances of receiving the benefits they are entitled to.