December 7, 2020
The JUSTLAW Team

Injured on the Job? Here is what you should do:

If you got injured as a result of your employment, you may be entitled to certain protections. Assuming you have workplace compensation insurance, which everyone should have, you can have your medical expenses covered regardless of who is at fault. However, there are certain instances where you may not be protected by such insurance and thus you need to initiate a lawsuit.

Eligibility:

Eligibility is very simple. There are three basic requirements you must meet in order to receive workplace compensation benefits:

  1. Your employer carries such insurance.
  2. You are considered an employee.
      • This includes part time employees who may only be seasonal workers. However, an independent contractor would not be considered an employee.
  3.  You got injured on the job.
      • This is obviously the most important part. Your injury must be a direct result of your employment. If you get hurt while gardening at home, you cannot claim workplace compensation benefits.

Common workplace injuries:

  1. Repetitive Motion Injuries
      • These types of injuries occur when a worker does the same task over and over. Carpal tunnel and oftentimes tendonitis are the usual diagnosis for such injuries. These are the most common workplace injuries that are almost always recognizable workplace compensation eligible injuries.
  2. Falls due to unsafe working conditions/equipment
      • If you fell while working as a result of poor working conditions or equipment, you will most likely be eligible for workplace compensation benefits.
      • Conversely, if you fell while working, yet there are no hazardous working conditions that caused your fall, you most likely will not be able to recover any workplace compensation benefits.
  3. Back Injuries
      • Besides repetitive motion injuries, these are another common type of injury that employees can and do recover benefits. Back injuries occur in most instances after an employee regularly carries heavy loads for long periods of time.
  4. Motor vehicle accidents
      • These types of injuries are recoverable as long as they occurred while you were on the job. If you got into an accident while on your morning or evening commute, to and from work, you most likely will not be able to recover because you were not on the job when you suffered the injury as a result of the car accident.

Steps that should be taken after you are injured:

  1. Notify your employer and immediate supervisor.
      • Some states have strict and short deadlines compared to other states in terms of the amount of time you have to report an injury. Thus be swift in your notification, assuming you have the ability to, barring a serious injury.
  2. Your employer shall then ensure you receive medical attention.
  3. Your employer must then notify your insurance carrier.

If you are approved for such benefits, here are the types of benefits you may be eligible for:

  1. All medical expenses
      • This includes, but is not limited to, any doctor visits, prescriptions, and surgery.
  2. Lost wages
      • You are entitled to a portion of your wages for the amount of work you miss as a result of your injury.
  3. Disability payments
      • These differ based on whether you are temporarily or permanently unable to
        return to work.
  4. Death benefits
      • Families of a worker who was killed on the job are entitled to such benefits.

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An attorney is needed for these types of cases in order to properly guide you through the claims process. Schedule a ​consultation​ with one of our experienced workers compensation attorneys today!