Learn What To Do If You Are Injured at Work

 

If You Are Injured On The Job, You Must Take Steps To Protect Your Legal Rights To Workers Compensation Benefits

 

The days after an accident at work are confusing and stressful. Getting accurate information and the help you need is difficult.

 

If you are injured in an accident at work you are probably entitled to workers compensation. In Virginia every employer with three or more employees is required to provide workers comp insurance coverage. But there are steps that you – the injured worker – must take to protect your right to the benefits available under workmans comp.

 

This article is meant to help you take the right steps after a workplace accident.

 

Keep reading to learn more. If you have questions about your case, or are looking for looking for legal representation from a top-rated work injury lawyer, call me: 804-251-1620 or 757-810-5614. I’ve helped hundreds of injured employees take the right steps after a work accident. And taking the right steps at the beginning can help you obtain a top-dollar workers compensation settlement in Virginia.

 

Steps to Follow After a Workplace Accident

 

Here is what you should do if you’re injured on the job:

 

Obtain First Aid or Other Necessary Medical Care Immediately

 

You must seek medical treatment for your work injury as soon as possible.

 

There are three reasons for this.

 

First, the employer and its insurance carrier are more likely to deny your workers comp claim if you wait to see a doctor. A delay in treatment raises doubt as to whether you were hurt on the job or at home. By obtaining medical treatment as soon as possible, you are creating documentation that supports your claim that you were hurt at work. This increases the likelihood that you will receive workers compensation benefits.

 

Second, medical treatment is the only way to diagnose your injury and to improve physically and mentally. Without medical care, your condition is unlikely to improve.

 

Third, the Workers Compensation Commission will not award wage loss payments, such as temporary total disability and temporary partial disability benefits, unless a medical provider has issued restrictions. You risk losing income if you miss time from work because of your injury but fail to get medical treatment.

 

Where Do You Seek Medical Treatment From After a Work Accident?

 

Virginia workers compensation allows your employer and its workers comp insurer some control over your medical care.

 

You must treat with an authorized health care provider for your work injury, except in an emergency situation.

 

Medical Treatment for a Non-Emergency Work Injury

 

If you do not require emergency medical services, then ask your employer for a panel of physicians. The Workers Compensation Act states that an employer or its insurance carrier must provide an injured employee with a panel of at least three physicians from whom to choose.

 

If your employer does not provide a panel of physicians within a reasonable amount of time, then you may choose your treating physician.

 

If your employer provides a panel of physicians, then you must treat with a doctor on the panel. Your employer is not responsible for the payment of medical bills from unauthorized health care providers.

 

Emergency Medical Treatment for a Work Injury

 

You do not have to wait for your employer or its insurance carrier to authorize medical treatment with a specific provider if you require emergency medical services.

 

Go to the nearest medical facility if you need emergency treatment.

 

Tell the Health Care Provider You Were Hurt at Work

 

Some employers pressure injured workers to lie about how they were injured.

 

For example, I’ve spoken with several injured workers whose employers asked them to tell the doctor or hospital that they were hurt at home, not on the job. The employer then promises to take care of wage loss benefits and medical treatment. The employer is trying to keep its workers compensation insurance premiums low.

 

Do not give in to your employer’s requests.

 

First, doing so is fraud.

 

Second, I’ve never seen an employer follow through on its promises to pay for medical treatment and wage loss benefits under the table. Usually the employer gets the health care bill and says it can’t afford to pay it. The employee is then left to fight for himself.

 

If you’ve told your doctor that you were hurt at home, you will probably lose your workers comp claim. Even if there is other evidence to support that you were injured on the job, the Commission will question your credibility regarding other issues. If you were willing to lie once, the Commission may find that you’re willing to lie again and again.

 

Even if the employer threatens your job, tell the health care provider how you’re job injury actually happened. This is the only way to protect your legal rights after an accident at work.

 

Before Writing the Work Accident Report

 

Though it’s important that you notify your employer of the work accident as soon as possible, it’s just as important that you not rush and give an inaccurate or incomplete report.

 

I recommend taking a deep breath after the work accident and writing down the following:

 

  • The date and time of the accident.

 

  • The specific location of the accident. For example, if you were hurt in a car accident write down the location of the crash. Or if you were hurt on a job site write down what job site and what city, count, or town it’s located in.

 

  • The names and job titles of your supervisors and co-workers. Your workers comp attorney may interview these people to prove that you were performing a work-related task at the time of your injury. It’s also possible these people witnessed your work accident or observed you in pain after the injury.

 

  • The names of witnesses and their contact information if you have it. Your attorney will want to obtain written or recorded statements from these witnesses.

 

  • What you were doing before the work accident.

 

  • What you were doing at the moment you were injured.

 

  • The environmental conditions of the location you were injured at. Write down whether there was a slippery floor, poor lighting, defects in the walkway, loud noise, or some reason you were in a rush. Each of these facts can be used that you suffered an injury arising out of a risk of your employment.

 

  • What equipment or materials you were using at the time you were hurt.

 

  • What injuries you suffered, including the parts of your body injured and the official diagnosis.

 

  • What doctors you have treated with so far.

 

  • What medical treatment is recommended for your work injuries.

 

These facts may seem unnecessary. But many workers comp claims are decided on the smallest detail. You are making it easier to build your case by writing down everything you can remember about the work injury as soon as possible.

 

Notify Your Manager/Supervisor

 

Tell your supervisor about the accident. If your employer has an accident reporting protocol that requires you to notify other people, such as a Human Resources Manager or Safety Director, notify these people also.

 

Many companies will take disciplinary action if you do not report your accident at work immediately. Waiting to notify the employer may serve as the basis for termination for cause. And termination for cause may bar you from receiving wage loss benefits.

 

Tell Your Colleagues/Co-Workers About Your Workplace Accident

 

Many work accidents are unwitnessed.

 

If you were working alone – or outside of anyone else’s vision – at the time you were injured, make sure you tell your co-workers you were hurt on the job. Many employers and insurance carriers interview co-workers to determine if anyone else knew of the injury. The more people who know about the accident – and tell the insurer – the higher the probability the insurer approves your claim.

 

Unfortunately some employers may pressure other employees to deny the accident happened. If you tell a co-worker about the accident, either in person or by text or email, there is a better chance they hold up against the employer’s pressure.

 

Complete an Accident Report if You’re Injured On the Job

 

Many states, including Virginia, give injured workers a short amount of time to report an accident to their employer. If you wait too long to report the work accident and notify your employer of your injuries, then you may be barred from receiving cash and medical benefits.

 

In Virginia you have 30 days from the date of accident to report your work accident.

 

Though you have 30 days to report the work injury, don’t wait to the deadline. The longer you wait to notify your employer, the greater the likelihood the insurance carrier investigates your claim and delays the payment of benefits.

 

Make sure you get a signed copy of all the paperwork that you and your employer fill out. These documents may be critical to your case.

 

Take Photos or Videos of Your Work Injury and the Accident Scene

 

You must prove that you suffered a structural change to your body to receive workers comp benefits in Virginia.

 

Swelling, bruising, scratches, and discoloration of the injured body part can help you prove your case. Take pictures of your injuries after a work accident. You can submit these pictures at trial.

 

I also recommend taking pictures of the accident scene, if possible. This is helpful in cases involving slip and fall accidents, falls from heights, and trip and fall accidents. The picture can show the defect, object, or liquid that caused the accident.

 

File a Claim for Benefits with the Workers Compensation Commission

 

Determine whether Virginia has jurisdiction over your workers compensation case.

 

Then complete a claim for workers compensation benefits and mail it to the Commission’s headquarters in Richmond, Virginia. Send it by certified mail, return receipt requested. If you’re local to Richmond, or live near one of the Commission’s regional offices in Bristol, Roanoke, Fairfax, Manassas, Harrisonburg, or Virginia Beach, you can file the claim in person.

 

You have two years from the date of accident to file a workers comp claim. Wait too long to file a claim and you will forfeit your right to workmans comp.

 

You must – and should – file a claim, even if your employer and its carrier are paying benefits voluntarily.

 

Filing a claim puts the insurance carrier on the clock. It must accept your claim and provide an award agreement form. Or deny your claim, in which case the Commission will schedule your claim for trial.

 

Without an award order in place the insurer can stop paying benefits at any time. This is a stressful way to live when you are worried about income and recovering from your injury.

 

I recommend speaking with an attorney before completing the claim for benefits. You should know what benefits you’re entitled to and how to complete the claim to increase your chances of getting approved or winning at trial if necessary.

 

And Then ….

 

After you taking these initial steps following your accident at work, you must:

 

  • Follow your treating doctor’s instructions to help you recover fully
  • Focus on your injury and recovery
  • Keep a journal of your symptoms, including side effects from medication, the number of falls you have, and whether the pain affects your concentration, memory, and ability to get along with other people
  • Look for work if you are released to light duty but have not received an award for temporary total disability benefits
  • Attend an Independent Medical Examination (IME) if the employer or its insurance carrier requests it
  • Attend a Functional Capacity Evaluation (FCE) if recommended by our treating physician
  • Meet with a vocational counselor if vocational rehabilitation services are offered by the insurance carrier
  • Go back to work if you are capable physically and mentally
  • Attend all workers comp hearings

 

Call a Workers Compensation Lawyer

 

Understanding your legal rights following a work-related injury is complicated. Your employer and its insurance carrier are looking out for their interests, not yours. And they may not tell you everything you need to know.

 

Don’t allow the insurance carrier to deny benefits or minimize the amount of compensation you’re owed. Fight back by hiring an experienced workers comp attorney.

 

Call me today to get started. I represent injured workers across Virginia, including those in Richmond, Newport News, Norfolk, Virginia Beach, Fairfax, Roanoke, and Charlottesville. And I’m ready to help you.

Corey Pollard
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