What to do when you are injured on the job and want to pursue a Workers’ Comp claim:
Do report your accident to your workplace supervisor as soon as possible after it takes place. Ask your supervisor to make a written report of the incident and give you a copy.
Do ask your employer for a copy of the posted panel of physicians after you have been injured on the job. You have the right to select a doctor from the panel to treat you for your injuries.
Do remember most employees are covered from the day they start employment. Employees may be full or part-time, seasonal or minors. Sub-contractors may be considered employees if they are involved in the pursuit of the employer’s trade, business or occupation. The law does contain some limited exemptions.
Do remember that the law covers both mental and physical harm from either accidents or occupational diseases. However, mental injury must be the result of a physical injury or of a sudden, unexpected, and extraordinary stress related to employment. In either case, this must be proven by clear and convincing evidence.
Do check to see if your injury or illness is covered. If it is, you should receive a check from the insurance company or from your own self-insured employer after the injury.
Common Workers’ Comp Mistakes to Avoid:
Don’t go to your own doctor for treatment of your work-related injuries. You must be treated by a panel physician in order to receive income benefits if your doctor takes you out of work.
Don’t try to pay for your medical costs. They will be paid through your company’s policy and if you are found eligible, you will receive compensation for wages.
Don’t forget that workers’ compensation also provides benefits to dependents of workers who die after work-related accidents.
Don’t worry if you do not immediately receive a check from the insurance company or employer. There is usually a waiting period between the time you file your claim and receive your check.
Don’t settle your claim unless you are completely satisfied with the settlement, and do involve an attorney to represent you at the beginning of the process. You may enter into a lump sum or compromise settlement upon agreement of all the parties.
Don’t quit your job after your accident takes place. If you do, it will seriously decrease the amount of any settlement that you may have been entitled to receive.
