Being injured at your job can be a frightening event, even if the injury itself is not comparatively bad. While you are likely entitled to workers’ compensation (assuming you are employed by a company which offers it), there are still many steps you have to take between injury and recovery. It can be a great help to have a legal professional on your side as you go through the process.
Report the Incident
While this should, in theory, be a given, it is not always. Many employees try to conceal injuries, especially if they are minimal in nature, thinking they will simply continue to work. This is potentially problematic, as if you delay too long, it can create problems and suspicion of fakery. After 30 days, you lose your right to file for workers’ compensation. However, if you believe you have sustained a gradual injury (such as a repetitive stress injury or carpal tunnel syndrome), you should report this as soon as you have an inkling – it is better to report too soon than too late.
See A Medical Professional
In most cases, seeing a doctor should be your next step after reporting the incident. You or a co-worker may have performed some quick first aid at the scene of your injury if it was warranted, but there is no substitute for experienced eyes in terms of fully evaluating an injury, especially in the sense of requiring later documentation to prove its extent. Be advised that very often, employers retain doctors for the express purpose of evaluating injured employees, and as such, a second opinion may be a good option.
Complete Your Claim Forms
Both you and your employer must complete your claims form by filling out the relevant portions. Once this has been done, it will be submitted to your employer’s insurer, where your claim will be accepted or rejected. The majority of claims are accepted, but rejections do happen, usually because there are discrepancies in reported facts or your workplace accident was caused by something not covered under the employer’s insurance (usually, if you were indulging in certain substances). If you are denied, you do have a right to challenge that decision, though you must do so within a specific time frame.
Take It Easy
Once your claim has been accepted, it is your responsibility to abide by your doctor’s suggestions and to not engage in activity that could exacerbate your injury. While the likelihood of losing workers’ compensation through your own activities is very low, it is possible that your employer may try to allege you committed fraud by exaggerating the scope of your injury if you are too reckless in disobeying your doctor’s orders.
Contact A Premises Liability Attorney In Ventura
Accidents at your job can happen any time, and can significantly complicate your life and your finances. Having workplace injury law help from the Quirk Law Firm can help simplify the process, ensuring you can focus your attention on healing, rather than dealing with paperwork and legal details. Trevor Quirk and his firm have years of experience in California workers’ compensation, and are happy to provide personal injury help to those who need it. Contact us today to schedule an initial appointment.
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Ventura, California 93003