Workers’ Compensation

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The Start of a
Workers’ Compensation Claim

“I’m injured on the job. Now what do I do? Can I sue?”

First, you need to report your injury within 30 days of your accident to your supervisor either verbally or written. Do not let your employer fool you into believing that you do not have a claim since you did not write out a report on the day you were injured. Once the employer is made aware of the injury, the responsibility is on your employer to notify their Workers’ Compensation insurance carrier. However, this does not always happen. The employer’s failure to report the claim to the insurance company could be due to ignorance, negligence, or some other personal gain.

Some red flags to look for in determining if your employer has notified their Workers’ Compensation carrier are:

When the employer delays in providing you information of a clinic you can be treated, or
If they fail to provide the contact information for their Workers’ Compensation insurance carrier, or
They tell you not to worry about it and they will “take care of you.”

If you suspect your employer is looking out for their own interests and not yours after a work accident, it is imperative that you contact a lawyer immediately.

Do not wait! The actions you take (or do not take) within the first 30 days can completely determine the outcome of your case!

Injured at work. Now what do you do? Can I sue?

“I reported my injury to my employer. What do I do now?”

Initial Medical Care

After notifying your employer, if your injury is an emergency, then do not hesitate to call the ambulance to be taken to the nearest emergency room. Otherwise, if your employer provides you with a clinic, then present there as soon as possible.

However, if your employer has disregarded your injuries or failed to provide you with the appropriate Workers’ Compensation information, then you are left with no choice but to go to a medical facility of your choice to get initial medical care. If you have received medical bills for this initial medical care, it is important you contact an attorney to make sure these bills get paid by the insurance company.

Initial Medical Care DO’s and DONT’s

DO's

Advise the medical provider of ALL of the body parts injured.
Advise the medical provider that this was a work accident.
Inform the medical provider of your employers contact information.

DONT's

Do NOT provide a fake social security number.
Do NOT advise the medical provider that the injury occurred outside of work (regardless of what your employer tells you to do.)
Do NOT fail to provide your ENTIRE medical history.

The insurance company can use these initial medical reports against you in the future. Specifically, they can use these records to limit or deny benefits altogether if they determine that your accident did not occur at work. Always remember to be truthful with your medical providers.

Fraud. The insurance companies can, and will, raise a fraud defense if they determine that you used a fake social security number in order to get initial medical care or if you did not provide the medical provider with a truthful medical history which would completely disqualify you from Workers’ Compensation benefits. If you do not have a Social Security number, simply just tell the provider that you do not have one. Bottom-line, so long as you tell the truth, you have nothing to worry about.

What's Next?

Are you Injured?

Are you going to do something about it?

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