Every organization is required to provide their employees with a reasonably safe and healthy working environment. However, sometimes, organizations do little to fulfil this duty, leading to workplace accidents.
Workplace accidents are very common in Atlanta and worldwide. Statistics by the International Labor Organization estimates that about 2.3 million women and children worldwide succumb to work-related accidents or diseases annually.
By law, employers are required to compensate workers who got injured on workplace premises. But, while some workplace accident victims get fully compensated for the injury sustained, others don’t.
Sometimes those who fail to get compensated—or get under-compensated—after a workplace injury are individuals who didn’t take the necessary steps after a workplace injury. If you were involved in a workplace injury and are confused about what to do next, this article will help.
File an Accident Report
Expert advice that you report accidents you are involved in, regardless of if you are injured or not. So whether you were involved in a slip and fall accident that broke your arm or a crash or collision that left you unscathed, reporting the incident is beneficial in a few ways.
First off, if you were involved in a work-related accident that left you with no injury, reporting it could cause your employer to implement new safety measures to stop a future recurrence. Also, because states have a short statute of limitation for workplace injury, reporting a workplace injury early will ensure that you are covered under worker’s compensation laws.
Lawsuits Generally Barred Under Workers Comp Laws
A workplace injury is sometimes followed by the intention to sue. But, before you sue your employer, you must note certain laws. For instance, in states like Atlanta, Kansa, Michigan, New Jersey, and others (aside from Texas), employers are required to obtain workers’ compensation insurance.
It’s a type of insurance that provides medical care and wage replacement benefits to workers who are injured or become ill while at work.
Workers’ compensation will be paid once the employer’s insurance company confirms that your injury is work-related. However, there are instances when the insurance company may deny a workers’ comp claim. For example, missed filing deadlines, inconsistent accident reports and medical records, and failure to seek medical treatment may result in the denial of your compensation claim.
Hiring a workers compensation attorney is advisable in such instances. They can appeal against a denied claim and provide legal representation to protect your rights.
Furthermore, it’s essential to know that the same law on workers’ compensation bars employees from suing their employers over workplace injuries. However, there is an exception. If you were exposed to asbestos and suffer from asbestos-related health complications, you might be able to take your employer to court. To do this successfully, you’ll need the help of an Atlanta Personal Injury Attorney who will act as your representative, ensuring that you get the compensation you deserve.
Injuries Not Covered if Drugs or Alcohol is Involved
Was your workplace injury a result of drug usage or alcohol? Then your injuries, regardless of how severe it is, won’t be covered. As a result of this law or rule, some employers have policies requiring those involved in workplace injuries to undergo drug tests.
Consult a Doctor
After a workplace accident, go to a hospital and get treated. If the injury is severe, you can visit the emergency room. Some employers have designated doctors for their employees; thus, if you aren’t seriously inquired, you could ask your employee if they have such in place.
In cases where you aren’t satisfied with the way the designated doctor handled your case, you should visit a doctor of your choice. You might be allowed to see a doctor of your choice under the worker’s compensation laws. Even if worker’s compensation doesn’t cover your visit to the doctor of your choice, it may be worth it to cover the bills yourself.
Document your workplace accident
Securing evidence of what happened is vital when filing a compensation claim. This can help improve the likelihood of your workers’ compensation claim being approved. To keep a record of the workplace accident, you should gather the following:
- Photos from before, during, and after the workplace accident
- Video footage from the CCTV cameras that captured the accident
- Statements from people who witnessed the incident
- Medical records to prove the injuries you sustained
By adequately documenting your workplace accident, you can strengthen your case and help establish your eligibility for compensation.
Conclusion
Workplace injury is a serious matter that needs to be reported. Waiting a few weeks or months after your injury before reporting it might jeopardize your chances of getting compensation. So, ensure you alert your employer of any injury sustained in the workplace so they can file a worker’s compensation claim with their insurance company in your stead.
