What should you do after you get injured in the workplace? It’s a simple question, right? You are likely going for workers’ comp settlement. Though it may sound simple, the situation can be a lot more complicated. Workers’ comp process can vary with your state, employer, and most importantly, with the severity and type of your injury.
If you are injured on your job, you need to sort out some questions by yourself. It will help you immensely with your settlement. Your course of action depends on these questions. So, before filing for a compensation settlement, take a good look at these next six questions.
1. Injured on the job, what should I do?
The first thing to do after an injury is to call for medical assistance as soon as possible. After you get treated for your damage by a healthcare professional or doctor, you should report your injury to your superior or employer or authority. In the meantime, you must document your injury. If you want to go for compensation, you will need it badly.
For an injury claim in WSIB, you must report your accident or injury as soon as possible. It must be reported within 6 months after the accident. You fill out a Worker’s Report of Injury/Disease and send it to WSIB.
Generally, the first report of the injury is filled by the employer. As the employer can’t file a report without the knowledge of the injury, you must make sure that your employer knows about the accident right after it happens.
2. Can an employer fire an employee for filing a worker’s comp claim?
Most employees don’t want to go for worker’s compensation out the fear that their employers could fire them for that. Well, the answer should be no. Your employer can’t only fire you for filing a worker’s comp claim. It would be outrageous.
But there are some cases where your employer could fire you. He/she can fire you while you have an open workers’ compensation claim. But for that, he/she has to show a reasonable reason.
3. Who will treat you for my injury?
Many workers who need to file for workers’ comp injury don’t pay a lot of attention to this topic. Can you choose a doctor for yourself? Well, it varies from state to state. In some states, employees need to see a doctor who is selected by the employer or approved by your workers’ comp insurance carrier. So, pay some attention before filing for a compensation claim.
4. Do I need to hire a workers comp lawyer?
Well, it depends. It depends on the nature of the claim. You don’t need to hire a lawyer in typical cases. But if you think the injury is occurred for the severe negligence of the authority or for the fault of the machine or the employer doesn’t comply with workers’ compensation regulation. I think you need to hire an attorney in that situation.
5. What if the injury is my fault?
When you are at work, your well being is the company’s liability. So you don’t have to worry about the compensation even if the injury is your fault. But there are some cases when you do not get workers’ comp. For instance, if the damage is self-inflicted or you get injured by fighting with other workers. In these cases, the company may give you a penalty.
6. When will you go back to work?
The answer should be easy. When you fully regain from injury, and your doctor says okay, you can join your work. However, there are some cases where injured workers need months or years to recuperate fully. Then your returning to work will depend on the employer. He/she may help you to make your transition period more manageable. You may work fewer hours if you are not fully fit.
Workers’ comp is workers’ right. Every worker should get his/her claim accordingly. But sometimes, the claim case can be tricky. Sometimes the employers don’t cooperate as they should. Sometimes, the employee doesn’t follow the guidelines properly. As a result, they don’t get the claim they deserve.
If you follow the guidelines and make the right decision at the right time, then the whole process will be a lot easier. So, after an injury, you shouldn’t hesitate to make the decisions. If you need a workers comp lawyer or any workers comp related advice, contact as soon as possible.