Getting injured on the job is an unsettling experience. Having to assess the quality of your health while considering financial security after the incident can be an overwhelming process. If you are in this situation, it’s important to understand the policies in place that protect workers and those that can hurt workers if they’re not aware of them. Contact a professional to help you through the legal process and get you back to work with the compensation you deserve.
What Qualifies As Workers Compensation?
An injury qualifies as a worker’s compensation case if the accident which resulted in the injury happened during the hours a person is actively clocked in. For the most part, it must always occur on the location of your job site but there are some special circumstances. For example, if someone works for FedEx and gets injured on the delivery truck, they will qualify for workers’ compensation. If employee leaves work for a lunch break and gets injured, the injury would not be covered because the employee was not on location and not clocked in.
The injury must also be within the scope of employment. This means the injury is a direct result of performing work-related responsibilities. If an employee is clocked in and is injured doing something that is out of their job description or the scope of employment, it may not be a clear case. This breach of responsibility can be the cause of an injury and cannot be put on the employer.
There are many details that can make or break a worker’s compensation case. At times it can even be considered a personal injury case, which has its own set of standards. Therefore, it’s vital to reach out to legal professionals, as they know these details and can tailor them best to a victim’s individual situation.
Steps To Take After A Work-Related Injury
1.) Document The Accident
When working and experiencing an injury of any kind, protect yourself by documenting the injury. Take photos of where it happened and any physical injuries. Clearly communicate the accident to the employer or supervisor on the premise, stating any injury the accident may have caused. Complete a written statement with all the details of the injury like what happened, where it occurred, what time, and if there were any safety factors that could have caused it. Always document honestly. This step is crucial in proving this accident happened and that your employer was aware.
2.) Get Medical Treatment Immediately
After you have made a written statement on the injury, get medical treatment immediately. Regardless of if the injury is big or small, go to a medical facility and tell medical providers that it was a work-related injury. Relay all information about the injury clearly for detailed documentation. Sometimes, victims of an injury don’t notice pain or issues related to the accident until sometime after. Going to the hospital offers proof that you were concerned about an injury and went to the hospital to get treatment.
This form of documentation, especially from a medical professional, gives credible proof of the incident that occurred. A victim’s first medical documentation is crucial in maintaining which party is at fault. This protects you if your employer later denies the injury or the overall severity of the accident. Lastly, a victim should never use their personal medical insurance. Make sure to bill the employer’s insurance as the injured person is not responsible for covering the cost of a work-related injury.
3.) Contact A Worker’s Compensation Lawyer.
At this point, the next step is to focus solely on getting better. Contact a professional who will take care of the case. A personal injury or worker’s compensation attorney will handle all documents needed to establish the compensation you deserve. As an everyday working population, there are policies and standards put in place regarding labor laws that are not commonly known. Professionals work to make sure no games are being played on the employer’s end. It’s important to get the process started right away while the situation is fresh. Contact attorneys at Rob Levine & Associates to settle your claim today!
Workers Compensation Entitled Benefits
As a victim of a work-related accident, there are a few things you are deserving of. It’s important to note that every case is different and must be handled accordingly. In general, an injured person is entitled to get compensation for any injury-related medical bills, scarring, permanency, and a percentage of lost wages. Medical bills that are necessary and causally related to the injury must be covered by the employer’s insurance. The severity of the injury also adds value to a worker’s compensation case. If there is prominent scarring or the victim has permanent effects because of the injury, they are entitled to greater compensation. While healing, if it takes more than 3 days to be back at 100% of normalcy, the victim is should be compensated for their lost wages. This compensation is calculated by how much the victim’s earning are over a 13-week period, then that amount is multiplied by 75% to get a rate of compensation. Worker’s Compensation cases are complex and can leave a victim under-compensated without the proper representation. If you or someone you know has been injured at work, don’t wait to get the right support from a legal professional. Law firms like Rob Levine & Associates specialize in worker’s compensation cases in addition to other practice areas. We serve clients throughout Rhode Island, Massachusetts, and Connecticut and will get you the compensation y