1. REPORT THE ACCIDENT. It is very important that you report the
accident immediately to your supervisor. You should insist that a first report
of injury is generated. If your employer refuses to prepare a first report of
injury you should contact a lawyer immediately. If your accident is not timely
reported your claim may be barred regardless of the extent of your injury. Note
that the law requires you to report the work accident within 30 days.
2. KNOW YOUR BENEFITS. Workers
Compensation Law can be very confusing and complicated. The full extent of what
benefits are available will differ dramatically from injured worker to injured
worker, however there are some basics:
(i) Authorization of a Primary
Care Physician - Once it is determined that you had an accident in the course
and scope of your employment (fancy way of saying you were injured while
working) you are immediately entitled to a Primary Care Physician to evaluate
and treat your injuries.
(ii) Lost Wages - If as a
result of the injury you are unable to go back to work within a few days you
will probably be entitled to recover 66 2/3 of your average weekly wage, during
this time of disability.
There are other benefits that
you are immediately entitled to, however, you should discuss with an attorney
when, how and why to exercise those benefit. The benefits can be classified
into two groups, Indemnity Benefits (lost wages) and Medical Benefits. You are
entitled to Indemnity Benefits if you are unable to work for extended periods
due to the work injury and you may be entitled to partial payments if you are
working at a diminished capacity. Medical Benefits are based primarily upon the
recommendations of your treating doctors. For example if your authorized
Orthopedic Surgeon writes a prescription for an MRI, you are now entitled to
that medical benefit.
3. TREAT - It is very important
when you have a Workers' Compensation Claim to treat with your authorized
doctor. If you do not treat with your authorized treating doctor for an
extended period your case could be closed and your benefits cut off,
eliminating your entitlement to future benefits or the possibility of a
settlement. If you disagree with your doctor, you have the right to change to
another doctor. However you can only change doctors once per accident and
therefore great care should be taken when making this decision. If you ahve any
questions you should talk to an attorney so that your rights are protected.
4. FIGHT FOR YOUR BENEFITS - We
are in a recession and jobs are increasingly more difficult to come by. As a
result, you may be afraid to pursue a claim against your employer and choose
not to report the accident. However, remember that you are ENTITLED TO THESE
BENEFITS.
The bottom line is, if you do
not know what to do, call a lawyer, the consultation is free and there is no
obligation. If you have been injured at work and have a question about a
benefit or if you are concerned about losing your job, please feel free to give
our office at
(954)210-5571 or 1-877-GREG-LAW. Our accident injury lawyers are available 24 hour a day, 7 days
a week to answer your injury questions.