A General Guide on what to do after a workers compensation injury. Please remember that the laws of workers compensation vary from state to state. It is always important to make sure you consult with an attorney who is familiar with the laws of workers compensation in the state where you were injured.
Report the Work Compensation Injury
- While I limit my workers compensation practice to the states of Illinois and Missouri, in general, the workers compensation laws impose a requirement upon the worker to promptly notify their immediate supervisor of any workers compensation accident resulting in an injury. While it may vary from state to state, there is a time limit in which the employee must put their employer on notice of the work accident or risk the potential claim being barred.
Seek Medical Care Immediately
- Again, from state to state the laws vary as to how medical care can be chosen, provided and paid for so it’s important to consult with a workers compensation attorney. Generally, true “emergency care” if related to the work accident will be covered. Some states are “employer choice” when it comes to health care. This means that the “employer” chooses or authorizes the health care providers that the employee must use. If it is an “employer choice” state, the employee can still see a health care provider that is not authorized BUT the employee may responsible for any charges for this care. Some states are “employee choice” but there may be limit on the number of “choices” that the employee can make.
Give A History Of The Workers Compensation Accident
- As so often the case in all areas of “injury” law, medical records are extremely important in workers compensation. Make sure to give your health care provider an accurate and complete description of the work accident. It is important for both a proper assessment and treatment plan as well as your claim, that you make sure to give your treating physician an honest and detailed description of your symptoms and physical limitations. Do not exaggerate or minimize your problems.
Know Your Rights-Consult With A Workers Compensation Attorney
- Generally, Workers Compensation law is created and governed by a state’s specific statute. There are specific benefits provided by the statute. There are specific rules imposed upon both employer and employee from the outset by the statute. To understand and protect your rights, it is important that you consult with a workers compensation attorney familiar with the laws of the state in which you were injured and/or employed. You may have a choice as to what state your claim may be filed depending on the circumstances of your particular situation.