What to Do if You're Injured at Work: Essential Steps for Claims
If you've been injured at work, it's essential to take immediate steps to protect your health, your rights, and your potential workers' compensation claim. Workplace injuries can range from minor to severe, and knowing what to do after an accident is critical for your recovery and legal case. This guide will walk you through the necessary actions, ensuring that you're well-prepared to navigate the process and, if necessary, pursue additional claims.
1. Report the Injury to Your Employer Immediately
The first thing you should do after a workplace injury is to report it to your employer right away. Prompt reporting ensures that your employer is aware of the incident and initiates the workers' compensation process. Under Oregon law, your employer is required to provide you with an 801 form to report the injury accurately. Completing this form is the first step to file a workers' compensation claim, and it will form the basis for your workers' compensation benefits.
2. Document What Happened
It's crucial to document the details of the accident while they're still fresh in your memory. Take note of what caused the injury and who else was present. In some cases, the incident may involve only you and a coworker, making documentation straightforward. However, if another party was involved, such as a subcontractor or a driver on a delivery route, gathering additional information becomes essential.
If a third party was involved, collect their identification, ideally their driver's license and insurance information. This information can help you file a third-party injury claim in addition to your workers' compensation claim, potentially increasing your total compensation for the workplace accident.
3. Collect Evidence and Witness Statements
If your injury involved a vehicle accident or another significant incident, it's wise to call the police. The police will investigate, gather witness statements, and record essential details about what happened. This can help establish liability and provide valuable documentation for your claim.
Ask witnesses for statements or contact information. Accounts collected immediately after an accident are often more accurate than those given later. This evidence can strengthen your case if there's any dispute over the circumstances of the injury claim.
4. Seek Medical Attention Promptly
Regardless of how minor your injuries may seem, it's critical to seek medical care as soon as possible. Go to the hospital, urgent care, or your primary doctor for a full evaluation. Workers' comp should cover these medical treatments, so there's no need to worry about out-of-pocket expenses. Make sure all injuries are documented as part of your workers' compensation claim.
Injuries that seem minor can develop into more serious issues, and shock or adrenaline can mask symptoms. By getting thorough medical care, you ensure all injuries are treated, and you have the records to support your claim. Be sure to follow all medical treatments prescribed by your doctor, as failing to comply could negatively affect your workers' compensation benefits.
5. Follow Your Doctor's Orders and Document Your Recovery
Following medical treatments and advice is critical not only for your health but also for your claim. You have a duty to mitigate your damages by taking reasonable steps to recover. Ignoring doctor's orders or skipping follow-up appointments could harm your claim, as the insurance carrier may argue that your non-compliance contributed to prolonged recovery. Following your doctor's advice ensures your recovery goes smoothly and protects your rights to workers' compensation benefits.
6. Contact a Workplace Injury Attorney
Workers' compensation law can be complex, and insurance carriers often look for ways to minimize payouts. Consulting an experienced workplace injury attorney early in the process can make a significant difference in the outcome of your claim. An attorney can help with the paperwork, advocate on your behalf, and protect your rights to benefits.
A skilled workers' compensation attorney can also help if there's potential for a personal injury lawsuit (such as in cases involving third parties) in addition to your workers' compensation claim. This legal guidance ensures that all possible avenues for compensation are explored and pursued.
Why Hiring a Workers' Compensation Attorney Matters
Workers' compensation insurance providers are not always inclined to offer full and fair compensation. They may challenge the necessity of treatments or argue that specific injuries aren't related to the workplace incident. Hiring a knowledgeable injury attorney gives you an advocate who knows how to counter these tactics and secure the benefits you're entitled to.
An attorney will assist with the initial claim filing, negotiate with the insurance carrier, and represent your interests in any disputes. If necessary, they can guide you through settlement offers or appeals, making sure your case is handled thoroughly.
Protect Your Rights and Seek Legal Help
At Dwyer Williams Cherkoss, we understand how overwhelming a workplace injury can be, especially when dealing with medical appointments, insurance companies, and the stress of missing work. Our experienced team is here to help you through the workers' compensation process, assisting with evidence gathering, injury documentation, and claim filing.
