If you have recently suffered or been injured from an accident at your workplace, chances are you’re entitled to workers’ compensation. State law requires most employers to provide some kind of workplace compensation insurance for all of their employees. If you fall victim to a workplace injury, here a couple of important steps you can take to help protect your legal rights.
Create an accident report
Your claims could become void if you are unaware how severe your injury is straight away. The majority of states have a short timeframe for you to report a work-related injury to ensure you are covered by your workers’ compensation. Due to this regulation, you should report any accident that you are a part of, whether you think you are injured or not. Even if it turns out you are not injured, your report could mean your company can install safety measures that can help prevent the accident happening again. If you are injured, then your report can provide evidence.
Lawsuits are exempt from cases
Current laws demand most employers provide workers’ insurance. In the majority cases, this means workers cannot sue their employers over job-related injuries. To receive compensation, the employer’s negligence doesn’t have to be proven by the employee as the cause of the injury.
Remember, there are some situations where injuries will not be covered by the compensation. For example, if the employee is using illegal drugs or intoxicated when the accident occurs, any injury claim will be rejected. As a result of this, many companies and employers state that individuals must take a drug test after the accident has occurred.
Make an appointment with your doctor
If you’re subject to a workplace incident, visit your doctor as soon as possible. If your injury is bad, visit your local emergency room. If the injury is not life threatening, consult your employer and ask whether you should see a specific doctor or a doctor of your choice. If you’re unhappy with the doctor your employers choose, consider visiting a doctor of your choice. The law may cover you for the cost of a second opinion, or you may get a rebate if you have valid health insurance.
Even in situations where workers’ compensation doesn’t cover you, it may be worthwhile paying for the visit yourself. Depending on how bad your injuries are, you may lose more than the cost of a second medical opinion.
File an injury report as soon as possible
It is your employer’s responsibility to file a compensation claim for you with their insurance provider. This isn’t possible until you let them know that you have suffered an injury. If you reported the accident just in case – but were unaware you were injured – notify your employer as soon as you’re certain. Make sure they have filed a workers’ compensation claim and obtain a copy.
Get yourself a workers’ compensation lawyer
If you’re experiencing problems with any part of the process, contact an experienced workers’ compensation lawyer. In most cases, the first consultation is free of charge and the attorney can help you discover what compensation and benefits your case entitles you to.
PK Simpson – Sydney
11/162 Goulburn St, Surry Hills NSW 2010
(02) 9299 1424
PK Simpson Compensation Lawyers – Wollongong
1/1 Burelli St, Wollongong NSW 2500
(02) 9299 1424
PK Simpson & Co – Liverpool
2/215-219 George St, Liverpool NSW 2170
(02) 9262 4497
PK Simpson – Parramatta
2/70 Macquarie St, Parramatta NSW 2150
(02) 9299 1424