A workplace injury can happen to anyone, in any industry. Whether you slip on a wet floor in an office building, fall from a scaffold on a construction site, or develop a repetitive stress injury from years of physical labor, the steps you take in the immediate aftermath of your injury can have a significant impact on your ability to receive the benefits and compensation you deserve.
Step 1: Seek Immediate Medical Attention
Your health and safety are the top priority. If your injury is serious, call 911 or go to the nearest emergency room immediately. Even if your injury seems minor, do not ignore it. Many workplace injuries, including back injuries, repetitive stress injuries, and head injuries, can worsen over time if left untreated. See a doctor as soon as possible and make sure to tell them that your injury occurred at work.
Step 2: Report the Injury to Your Employer
Report your injury to your employer or supervisor as soon as possible. In North Carolina, you must provide written notice of your injury within 30 days to preserve your workers' compensation rights, but the sooner you report it, the better. In South Carolina, notice must be given within 90 days. In Georgia, the deadline is 30 days. When you report the injury, provide specific details about what happened, when, where, and what body parts were affected.
Step 3: Document Everything
From the moment the injury occurs, start documenting everything related to your injury and your claim:
- Write down exactly how the injury happened, including the date, time, and location
- Take photographs of the hazard or condition that caused the injury
- Get the names and contact information of any witnesses
- Keep copies of all medical records, bills, and receipts
- Keep a journal documenting your symptoms, pain levels, and how the injury affects your daily life
- Save all correspondence with your employer and the workers' compensation insurance carrier
Step 4: Follow Your Doctor's Orders
Follow your treating physician's instructions carefully. Attend all scheduled appointments, take prescribed medications, and participate in recommended physical therapy or rehabilitation. Failure to follow your doctor's orders can be used by the insurance company to argue that your injury is not as serious as you claim or that you are not making a good faith effort to recover.
Step 5: Be Careful What You Say
Be careful about what you say to your employer, co-workers, and especially the workers' compensation insurance adjuster. Do not downplay your symptoms or say you are fine when you are not. Do not give a recorded statement to the insurance company without first consulting an attorney. Be aware that your social media posts can be monitored and used against you.
Step 6: Understand Your Rights
As an injured worker, you have important rights that you should be aware of:
- The right to file a workers' compensation claim
- The right to medical treatment for your work-related injury
- The right to disability benefits if you are unable to work
- The right to return to your job when you are medically cleared
- The right to appeal a denied claim
- The right to be free from retaliation by your employer for filing a claim
Step 7: Consult with an Attorney
If your claim has been denied, if you are not receiving appropriate medical treatment, or if you have suffered a serious injury, it is important to consult with an experienced workers' compensation attorney. At Dr. Ted Injury Law, we offer free consultations and handle workers' compensation cases on a contingency fee basis. Call (800) 555-HURT to get started.
