After a workplace accident, prioritize your health by visiting the emergency room or hospital. Taking the right steps after a workplace accident will protect both your recovery and a potential workers’ compensation claim, as well as any potential third-party injury claims. For example, keeping accurate records and following medical advice will strengthen your case if disputes arise. In the aftermath of an accident, there are several steps injured workers should take after they leave the ER.
Be Consistent With Your Prescribed Treatment Plan
Seeing a doctor right away and staying up to date with your ongoing medical care is critical to successfully pursuing a workers’ comp claim. Attend all follow-up appointments, including specialist referrals and physical therapy. By following medical instructions from your doctor, not only do you support your own recovery, but you are also documenting your injuries.
Report Your Workplace Injury to Your Employer
After a work injury, report the incident to your supervisor or employer as soon as possible. Explain what happened, where, and when the injury occurred. Follow your company’s reporting procedures. State workers’ compensation laws may also set deadlines for notifying your employer. In Florida, employees generally must report a work-related injury to their employer within 30 days of the accident.
Keep Documentation of All Injury-Related Evidence
Keeping detailed documentation of your injury protects your ability to pursue a claim. Documentation provides evidence of what took place and the severity of your injuries. Important documentation includes:
- Medical records: Provide evidence of the severity of your injury
- Bills and receipts: Show your expenses
- Prescription information: Show your expenses and provide evidence of your injury
- Work absence records: Show how the injury has impacted your ability to work
- Lost income: Proves the effect the injury has had on your ability to work
- Employer correspondence: Proves that you reported the injury to your employer
- Insurance communications: Show the progression of your injury and claim
You can also maintain a recovery journal to track your symptoms and recovery. Keeping a journal lets you document your pain levels, mobility limitations, and how the injury affects your daily life. While subjective, a journal provides an intimate account of the struggles you have faced as a result of your injury.
Be Aware of the Workers’ Compensation Procedures at Your Job
Follow your employer’s workers’ compensation procedures and submit any required paperwork by the stated deadlines. Workers’ compensation may provide more than just coverage for medical treatment. Depending on the circumstances of your injury and the applicable state laws, you may also qualify for partial wage replacement if you missed or cannot return to work, disability benefits, vocational rehabilitation, or other benefits.
Keep records of your medical appointments, expenses, missed work, and communications with your employer or the company’s insurance company. These records can help document the impact of your injury and the benefits you may be entitled to receive.
Exercise Caution When Communicating With Insurance Adjusters
Be on guard when speaking with the company’s insurance representatives. Insurance adjusters are trained to minimize your claim. An insurance adjuster is looking for mistakes you might make to use against you and deny your claim. When speaking with an adjuster, you should:
- Stick to the basic facts: Explain what happened, but stick to the facts.
- Avoid assumptions: Do not make assumptions or guesses about your injuries, losses, or potential recovery time.
- Avoid signing documents: Do not sign documents provided by the insurance company without first having an attorney review them.
Do not accept the first settlement offer from an insurance company for your workers’ compensation claim. It will likely be a low-ball amount that does not fully account for your losses. Consider consulting an attorney before speaking with insurers. An attorney will be able to communicate the extent of your injuries, assess your damages, and handle communications with insurers on your behalf.
Situations Where a Third-Party May Be Held Liable
Depending on the details of your workplace injury, another person or party might be liable. In these cases, you may be able to pursue additional compensation beyond your workers’ compensation claim. Negligent third parties, such as contractors, property owners, and manufacturers, could be held responsible in a personal injury claim. An attorney can help you assess whether or not someone else could be liable for additional damages beyond your workers’ comp claim.
When Could a Workplace Injury Attorney Be Beneficial?
Working with an attorney is always beneficial. An attorney will advocate for your best interests and protect your rights. They can also take on the complex tasks required to file a claim. However, there are some circumstances where a lawyer is especially beneficial to your case, including if any of the following happen:
- Your claim is denied
- Your injuries are severe
- A third party may be liable
- The insurance company is pressuring you to settle
A workers’ compensation lawyer can help protect your rights as an employee and evaluate all available avenues for recovery.
Learn How Payer Law Can Support Your Workplace Injury Claim
A Miami workers’ compensation lawyer can review the circumstances of your workplace injury and determine whether a third-party claim may provide an additional avenue for compensation. Our team at Payer Law can help you understand your legal options, handle negotiations with insurance companies, and advocate for your interests throughout the claims process.
If another party’s negligence contributed to your injury, we can pursue the full compensation you may be entitled to recover. Call our law office today at (305) 363-7099 to discuss your workplace injury claim and learn how James D. Payer and his team can help.
