Reporting a workplace accident is essential if you want to make sure that you can file a workers’ compensation claim. You do not want to put off reporting your workplace injury because you are afraid of losing your job. It is incredibly important that you report your workplace injury as soon as possible after the date of the injury.
Common Challenges to Filing for Workers’ Compensation Benefits
Many employees may suspect that they suffered an injury, but they do not report the injury to their supervisor. This is a mistake. If you suspect that you suffered any type of injury, no matter how small or minor, it is vital that you report it to your employer immediately.
Do not wait for weeks or months until your symptoms appear and you realize that you suffered a serious workplace injury. Reporting a workplace injury is the first thing you should do. Other challenges to obtaining workers’ comp benefits include:
- Failing to seek medical attention: You may believe that you only suffered minor injuries that do not warrant reporting; however, any workplace injury needs to be reported. It is possible that your injuries will not produce noticeable symptoms until weeks after the date of the injury.
- Fear of retribution: You do not want your employer to deny you benefits for taking time off work. You can report your workplace accident and avoid dealing with issues related to a claim denial.
- Possible denial: A private health insurance company will not pay for medical treatment for workplace injuries. It is possible that an employer may deny that the accident occurred if you do not report the workplace injury, or they could even state that the accident happened outside of the workplace.
Documenting the Nature of Your Workplace Injury
You may have suffered multiple injuries in the course of one accident, such as a fall. You may have suffered a traumatic brain injury and a bone fracture. You need to seek medical treatment for your injuries and document the injuries you suffered due to the workplace injury.
Photographing your injuries can help you substantiate the time and date you first noticed symptoms of your injuries. Also, recording videos of the progression of your symptoms can help you substantiate your claims.
The more evidence you have of your injuries, the stronger your workers’ compensation claim will be. You may be entitled to the following benefits under workers’ compensation:
- A financial award based on your injuries
- Disability benefits
- Medical treatment
Involving the Department of Labor
The employer must report the workplace injury to the United States Department of Labor. You cannot provide a report of your own injury, and you need to ensure that your employer reports the accident.
Do not be afraid to take action to protect your interests if your employer has not reported the workplace accident. During the entire workers’ compensation process, you must stand up for yourself and assert your legal rights.
You may need to reach out to a Myrtle Beach workers’ compensation lawyer if you do not know whether or not your employer has filed a report regarding your workplace injury. Therefore, be prepared to discuss your injury and the steps you took to report your injuries when you meet with a workers’ compensation attorney. It may be necessary for your workers’ compensation attorney to take action to make sure your workplace accident is reported to the Department of Labor.
The Steps You Should Take if an Employer Does Not Report Your Workplace Accident
You can take steps to protect your legal interests if your employer does not report your workplace accident. The following actions will help you after you suffer a workplace injury:
- Taking notes regarding your accident can help you substantiate your claims to a third party. You should record and write down any conversations you have with your coworkers about the nature and circumstances of your workplace injuries, and keeping an injury journal will help you document the progression of your symptoms.
- Following your primary care physician’s orders is also important for your workers’ compensation claim. You may not want to accumulate more medical bills, but you need to follow all the recommendations made to you by your doctor, and it could harm your workers’ compensation case if you do not follow the instructions given to you by your doctor.
- Gathering all the relevant documents associated with your workplace accident will also benefit your workers’ compensation claim. The first document you should obtain is a copy of the accident report you submitted to your employer, along with any letters, emails, or other written messages from your employer.
- If you are seeking workers’ compensation benefits, then it is necessary that you reach out to a Myrtle Beach workers’ compensation attorney. Having an experienced workers’ compensation attorney on your side can communicate to the workers’ compensation insurance company that you are serious about enforcing your legal rights.
Contact the Shelly Leeke Law Firm, LLC Today for Help with Your Workers’ Compensation Claim
The Shelly Leeke Law Firm, LLC has over a decade of experience representing clients in workers’ compensation cases. We can help you throughout every stage of your workers’ compensation case.
If you have questions about workers’ compensation claims, the benefits you may be entitled to, and how to protect your legal rights, contact the Shelly Leeke Law Firm, LLC today to schedule a free consultation. It can be difficult to stand up to your employer, but having an experienced workers’ compensation attorney on your side can make the process easier.