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Workplace Accident Attorney
How to Accurately Document a Workplace Injury

Whether you work indoors or outside, in a safe occupation or extremely dangerous one, there’s always the chance you’ll get hurt on the job.

Most people don’t know what to do or where to turn when that happens. In fact, few are aware of the existence of workers’ compensation, or what this form of insurance actually provides.

Workers’ compensation covers employees who suffer a workplace injury. It is no-fault insurance, which means coverage is provided regardless of whether the injury was caused by the employee or as a result of negligence on the part of their employer. In exchange for this coverage, employees relinquish their right to file a personal injury lawsuit against their employer, though they do have the right to sue liable third parties.

Though workers’ compensation seems straightforward, it is a highly specific program with strict protocols for documenting injuries. Failure to follow the rules can lead to your claim being denied. To make sure you are treated fairly, make sure you do the following:

  • Report your injury to your company as soon as you can. Though you might want to wait and see if you recover, a delay can lead to a denial of your claim. Your employer probably has a time limit for how much time can go by between an injury occurring and it being reported. Verbal notification is often not enough – most companies also have an accident report form they require you to use for this written notification.
  • Find out which physician your employer requires you to see. Most insurers require you see their approved doctors.
  • If you’re a member of a union, notify your union representative of the injury.
  • If your injury is the result of an accident, check with fellow workers to see if there were witnesses. If so, ask them to document what they saw.
  • If your employer doesn’t file a workers’ compensation report, you’ll need to request one from the state board.

Documentation should be highly specific, including the time, date and location where the injury occurred and under what circumstances, the injury you suffered, any other people involved, and how the accident occurred. You also need to provide documentation of any medical treatment that you’ve already received.

Suffering a workplace injury can be very stressful. No matter how loyal you’ve been or how hard you’ve worked, your employer may act defensively in the face of an injury claim. If you need legal guidance regarding a workplace injury, we can help.

Contact us today to set up an appointment to discuss your case.