Suffering a work related injury can be devastating, especially if it prevents you from working and collecting a paycheck. Fortunately, there are laws in place that protect you when an injury happens when working. In order to ensure that you receive compensation for your lost wages or inability to perform specific job functions, avoid making these mistakes.
Not Reporting The Accident
Workers' compensation claims require notifying your employer of your injury. State time frames vary, but it is typically within 30 or 45 days of the incident. If you forget to let your employer know, it may result in a dismissal of your claim.
Not Promptly Visiting A Doctor
It is important that you visit a doctor immediately following your injury. Not only is it a good idea to seek immediate medical attention, but you will also want your injury documented properly. The goal of the employer's insurance company is to find a way to not pay for your injury, and if there is any reason to suspect the injury didn't happen on the job, they will not pay. Having a long length of time between the date of the injury and the doctor visit is something insurance companies look for.
Not Logging Job Searching
The biggest reason to apply for worker's compensation is because you cannot find work due to your injury. In order to receive workers' compensation, you must be actively looking for a new job that you are capable of performing after the injury. By maintaining a log detailing all employers you applied to, you can prove that your injury is preventing you from working.
Not Accepting A Job
If you are offered a job while injured, and your injury does not prevent you from all of the daily tasks associated with it, you must take it. This includes a new position from your current employer, or a job offer from a brand new employer. Of course, the job needs to be comparable to your previous job in terms of pay, as you are not expected to take employment that will leave you worse off because of an injury.
Not Following Work Restrictions
When you begin working again, you will most likely have restrictions on what you can and cannot do. You must not work outside of your limitations. If you injure yourself again on the job while performing a task you should not have been doing, you could lose your benefits.
As long as you avoid making any of these mistakes, you should have no problem receiving workers' compensation. To be safe, contact a workers' compensation attorney, such as Kenneth R Schuster And Associates PC, to advise you and walk you through the filing process.