Workers' Compensation: 10 Steps To Take After an Injury

Getting hurt at work can be a stressful experience. Knowing what to do next can help you get the necessary medical care and benefits. Injured workers are often entitled to workers’ compensation benefits for job-related injuries or work-related medical conditions. We provide 10 steps to consider after a work-related injury. This can help ensure you navigate the workers’ compensation process smoothly.

To get answers to your specific workers’ compensation questions, it’s critical to speak with an experienced workers’ compensation lawyer in your state. They can explain your legal options.

Step 1: Report the Injury to Your Employer

When you’re hurt at work, report the injury to your employer. This may involve telling your manager or supervisor immediately. Don’t delay. Workers’ compensation law requires you to report injuries quickly. Any delays could impact your claim. Be sure to include details of the accident and the date.  

Step 2: Seek Medical Attention

Medical treatment should be your priority. If the injury is serious, get first aid or go to the nearest emergency room immediately. See a medical provider approved by your employer or the insurance carrier for less urgent injuries. Workers’ compensation insurance covers medical bills related to any covered injury.

Step 3: Notify Your Workers’ Compensation Insurance

Complete a workers’ compensation claim form according to the insurer’s instructions. The initial form is often called a First Report of Injury. It begins the official claims process. When completing this form, include all necessary details and keep a copy for your records. Your employer should provide this form, or you can get it from your state’s division of workers’ compensation.

Step 4: Document the Incident and Injury

Document everything related to your injury and your workers’ compensation case. You should keep detailed records. This includes:

• Medical records
• Accident reports
• Any communication with your employer
• The insurance company
• The claims administrator

Accurate records can help if there are any disputes about your claim.

Step 5: Follow Your Doctor’s Orders

Follow all instructions provided by your healthcare provider. Attend all appointments and follow the prescribed medical treatment. This shows you’re serious about your recovery, and it can impact your workers’ compensation benefits. It’s also critical to follow employer protocols and legal requirements to ensure a smooth claims process and maximize your benefits.

Step 6: Understand Your Workers’ Compensation Rights

Understand what you’re entitled to under workers’ compensation law. Workers’ compensation benefits include:

• Medical care
• Disability benefits
• Reimbursement for lost time at work

If you have a total disability that prevents you from working or a permanent disability, you may be eligible for more benefits for your injuries.

Step 7: Communicate With the Insurance Company

Stay in touch with the insurance carrier handling your claim. The insurer may assign an adjuster to your case. This person will be your primary contact. Provide any requested information, including contact information. Keeping copies of all correspondence and records of telephone calls is also wise.

Step 8: Be Aware of Applicable Deadlines

Workers’ compensation claims have specific deadlines. Missing a deadline can jeopardize your claim. For example, there are time limits for the following:

• Reporting the injury
• Filing the claim form
• Appeal a denied claim

Knowing these deadlines can prevent you from missing an important one.

Step 9: Know Your Workers’ Compensation Rights

Workers’ compensation claimants have the right to dispute workers’ compensation decisions. If you receive a claim denial or disagree with the benefit determination, you can request dispute resolution. This can involve mediation or a hearing before a workers’ compensation commission.

Step 10: Consider Any Third-Party Claims

If a party other than your employer is responsible for your injury, you can consider filing a personal injury lawsuit. Other responsible parties could be liable for your injuries, including:

• A manufacturer of faulty equipment
• A landowner or tenant of a property where you were injured while working
• A negligent driver who caused your injury while driving on the job

It’s important to consider all options when you sustain a workplace injury. Filing a third-party personal injury lawsuit may be possible even if you receive workers’ comp benefits. A third-party lawsuit doesn’t disqualify you from filing a personal injury lawsuit against a third party.

Additional Information

In addition to taking the steps above, you should be aware of further information regarding workers’ compensation benefits. This includes information about:

• Self-insured employers: Some companies are self-insured, meaning they handle their own workers’ comp claims.
• Occupational diseases: Workers’ compensation also covers illnesses caused by workplace conditions.
• Dependents: In cases of fatal injuries caused by a work injury, dependents of an injured employee may be eligible for benefits.

Workplace injuries can be challenging. Understanding the steps for making a workers’ compensation claim makes the process easier. Stay informed and proactive to ensure you receive the workers’ compensation benefits you deserve.

Consult With a Workers’ Compensation Attorney

To increase your chances of a successful claim under your state’s workers’ compensation act, contact an experienced local workers’ compensation lawyer. A lawyer licensed in your state can provide specific guidance for your situation.