Last Updated on April 5, 2023
If you’re hurt while on the job, you’re probably feeling a mixture of pain, frustration, embarrassment, confusion, and anxiety. You also have questions like: How will I continue to provide for my family? And who will pay for my medical bills?
While there’s never a convenient time to get hurt, the good news is that there are state laws and regulations that protect your best interests. But in order to access these funds, you need to be smart about how you respond.
6 Action Steps You Need to Take
While the exact rules depend on the state you work in, most states require employers to provide workers’ compensation coverage to employees. They do so by purchasing workers’ compensation insurance.
According to The Sawaya Law Firm, “This insurance provides benefits for workers who are injured in on-the-job accidents or who develop occupational illnesses. With very few exceptions, regardless of who caused the accident, any work-related injury is covered by workers’ comp.”
In order to receive workers’ comp, you need to be mindful of how you respond to your injury.
Get Medical Treatment ASAP
The first and most important step is to get immediate medical treatment. If it’s an emergency situation, you’re free to get medical care from any healthcare provider. Otherwise, you’re required to use an authorized provider.
“If your employer has been authorized to participate in a Preferred Provider Organization(PPO) or Alternate Dispute Resolution (ADR) program, you may be required to obtain medical treatment from a participating health care provider. Participating employers are required to notify their employees, in writing, of all information pertaining to a PPO or ADR program,” New York State Workers’ Compensation Board explains.
“Also, if you are in need of diagnostic tests or prescription medicine, your employer or your workers’ compensation insurance carrier may require you to obtain your tests or your medicine from a diagnostic network or designated pharmacies or a network of pharmacies they have contracted with.”
The important thing is that you get proper treatment and that it’s documented by an authorized doctor so that everything goes smoothly.
Notify Your Supervisor
Be sure to notify your immediate supervisor of your injuries as soon as possible. You don’t have to do so immediately, but there are typically statutes of limitation in place. Typically you have about 30 days to notify your employer in writing. If it’s an occupational disease, you generally have a longer window of time.
Complete a Claim
The next step is to go ahead and file a workers’ compensation claim. While this sounds intimidating, it’s not a lawsuit, nor does it indicate your desire to sue your employer. It’s simply like filing any other insurance claim. In order to receive your benefits, you must go through this step.
Follow Your Doctor’s Orders
It’s imperative that you follow your doctor’s orders and listen to everything your medical team says. First and foremost, this increases your chances of reaching a full recovery.
Secondly, it’s integral to your workers’ compensation claim. Should you deviate from the treatment, the insurance company may attempt to invalidate your claim.
Consider Hiring a Lawyer
If you’re getting some pushback on your claim, or if there are extenuating circumstances that make your workers’ comp claim challenging, consider hiring an attorney to help you navigate the complexities of the case. This isn’t something you can afford to take lightly.
Focus on Healing
Finally, make sure you focus on getting better. It’s easy to get so caught up in all of the paperwork, insurance claims, and legal jargon that you forget to prioritize your health. Take some time to rest and recuperate. Your health is the most important element in this equation.
Look Out for Number One
Nobody wants to be selfish – especially when you’re involved in something that implicates your employer. However, you have to remember that you are your best advocate. At the end of the day, it’s up to you to look out for number one. (Everyone else is doing the same thing.)
When it comes to an injury, acting swiftly and following the correct protocol can make the difference.
While there’s never a convenient time to get hurt, the good news is that there are state laws and regulations that protect your best interests. But in order to access these funds, you need to be smart about how you respond.
