Accidents happen every day in our homes, workplaces, on the roads, or any other place we might be. How you react and the actions you take after the accident dramatically determine your compensation case and other benefits. If you get severe injuries in your workplace, you should get entitled to workers’ compensation. Most states demand that employers compensate their workers for the injuries suffered and the time they will be out of work. Worker’s compensation is mandatory insurance coverage for every employee, regardless of their position in the company. However, the process is not straightforward. It will be crucial to follow the below information that will help you safeguard your rights. Here are some steps to take.
File for an accident report
Many states in the United States have given the time limit on filing an accident report. This situation means that when you are injured, you should try to file an accident report as soon as possible to avoid time lapse. Filing your case on time increases your chances of getting covered under the workers’ compensation laws. In line with a workers’ compensation lawyer in Charleston, SC, you should file a report immediately after you suffer an accident at your workplace. This filing is regardless of whether you are injured or not.
Why should one file a report even when not injured? When you file a report when not hurt, your employer will take precautionary measures to ensure the accident doesn’t happen again. Besides this, filing on time protects you if there will be injuries that will show up weeks or months later after the accident.
Lawsuits barred under the workers’ compensation laws
Most state laws in the United States, except Texas, require all employers to have workers’ compensation insurance for their workplace. With these laws, employees are not allowed to sue their employers when they suffer from accidents in the workplace. The good thing about these laws is that once injured; the employee will get compensated regardless of whether they were careless or it’s their negligence that caused the accident.
However, the workers’ compensation laws have an omission concerning the cases involving asbestos exposure. When you suffer from asbestos exposure in your workplace, you can go ahead and sue your employer for the damages caused by this exposure, including suffering from mesothelioma.
Injuries are not covered if working while intoxicated
Did you get involved in an accident at your workplace when you were intoxicated? If so, you won’t get covered by the workers’ compensation laws. This happens when the results prove that you were working while intoxicated with prohibited drugs. The regulations permit the employers to submit their employees to drug tests to confirm if they were operating while intoxicated. Injuries that happen when traveling to the workplace, when playing, or fighting in the workplace get excluded in these compensation laws.
Consult with a doctor after suffering injuries
After having an accident at your workplace, you should take the step of visiting your doctor immediately. The doctor will diagnose the situation and give the next steps of action, including getting you to an emergency room. When you are not seriously injured, you can ask your employer to visit a specific doctor for treatment.
The law also gives you a second opinion of choosing a suitable doctor to attend to you. Such happens when the doctor you are provided by your employer isn’t attending to you as required. Getting treated by a different doctor can turn either way; the workers’ compensation can cater to the costs or pay them yourself. The fantastic thing is that you will get the desired treatment. However, you might sometimes lose some benefits if you get attended by a different doctor recommended by your company. You can pay your doctor using your health insurance.
Report the injuries as soon as possible
In most cases, it is your employer to report your workplace injuries to the company’s insurance company for your compensation. However, when you don’t report the injuries to your company, they won’t communicate the same to the insurance company.
When you report an accident, you must report the injuries too and their extent. Also, if the injuries are not instant and rise later, inform your employer as soon as you discover them. The workers’ compensation law entitles you to get a copy of your injuries report submitted to the insurance company by your employer.
When filing for workers’ compensation, it is crucial to have a reputable workers’ compensation lawyer to help you with the process. The lawyer has skills, experience, and knowledge of handling your compensation case and will help you calculate the proper compensation you should receive from your employer, depending on your injuries.