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Legally reviewed by Randall Townsend Porcher, Trial Attorney at Morgan & Morgan, on June 07, 2024.
Anyone who finds themselves injured on the job should remember that their health and well-being come first. Get to a doctor, let them examine your pain through their trained medical lens, and make sure that it’s documented as thoroughly as possible so you’re not stuck with the bill when the dust settles. Importantly, make sure you tell any medical professionals the truth (the whole truth) even if your employer instructs you to advise the doctor that the accident happened away from work. The history you give to medical providers at the outset is usually quite important.
Reporting the accident comes second, but don’t let its position in the hierarchy deter you from its importance. Your account of the incident kickstarts the workers’ compensation process, and you only have 30 days to file a report under most circumstances–but don’t wait that long if you can help it. Once you’ve received the medical help you need, it’s best not to wait – report your accident to your supervisor(s) and employer as soon as possible. If at all possible, document this reporting in an email, text, or letter.
Understanding What Does and Doesn’t Fall Under Workers’ Compensation
It’s best to report any injury to your employer, no matter how insignificant it may seem. There is a line, though, between an injury that’s deemed serious and something minor that doesn’t require a doctor’s visit or further action. Use your discretion; If it’s something serious that may not go away immediately or you suspect there could be long-term consequences, don’t hesitate to report it. Err on the side of reporting.
Some common accidents that can happen in any workplace include:
- Falls and falling objects
- Overexertion
- Repetitive motion/stress injuries
- Slip and falls
- Vehicle accidents
Why Wait? Report Your Incident Right Away.
There might be a lot going on, but failing to report your accident within the 30-day window almost always leads to a denied claim. It’s the foundation of your case, a record of the accident that can be referred to at a later date as evidence to support your claim. Timely filing also puts you on the best track to avoid delays, which can allow you to cover medical bills quickly.
If your employer or supervisor isn’t around, it’s best to call, email, write a note, or text them to ensure that they’re notified of the incident in a timely manner. Better yet, even if you can tell them face to face, send them a message that you can refer back to later if needed. This gives the insurance company a date and verifies the incident’s validity. It can come in handy if there are any questions about your claim.
Workers’ Compensation Isn’t a Personal Injury Claim, but You Might Need a Lawyer
Time and time again, employers or insurance companies will delay the claims process. Whether carelessly or purposefully, the facts are clear – employees covered by workers’ compensation insurance who are injured on the job are eligible for benefits as specified by their contracts.
If there’s a slowdown in your claim, or a denial of workers’ compensation benefits, often legal action is necessary, Morgan and Morgan is here to help you reach the best possible outcome as swiftly as possible. Complete our free, no-risk case evaluation to get started with our team.