A workplace injury can happen to anyone at any time. It doesn’t matter how careful you are, accidents will always occur. After a workplace injury happens, you may find yourself wondering “What do I do next?”
There are many questions surrounding workplace injuries. For example, should you report the accident to your employer? Should you file a workers’ compensation claim? And what if you get hurt again while working?
This guide will answer these questions and help you understand what you can do after a workplace injury.
A workplace injury is defined as an unexpected event or condition that occurs during the course of employment. This includes situations such as slips, trips, falls, burns, cuts, bruises, sprains, strains, dislocations, fractures, amputations, and other types of physical damage.
The first step after any workplace injury is reporting the incident to your supervisor or manager. You should immediately notify your employer about the accident so they can begin their investigation.
After you’ve reported the accident, it’s important to seek medical attention right away. Depending on the severity of your injury, you might require immediate treatment at the scene of the accident.
After you get medical attention, document everything that happened before, during, and after the accident. Make sure you note all information related to the accident, including:
• The date and time of the accident
• How many people were involved
• Where the accident occurred
• Whether anyone was injured
• Any witnesses
Once you’ve documented everything that happened, file a claim with workers’ compensation. This is the only way to ensure that you receive full benefits for your injury.
If you believe that your employer has failed to pay you appropriate benefits, or if you feel that your employer did not properly investigate your injury, you should consult with an experienced personal injury lawyer.
A workplace injury can leave you with a lot of uncertainty — especially if you have a disability that can make it difficult to return to work. It’s comforting to know that even if you can no longer work your old job, it’s possible that your employer could be required to provide reasonable accommodations for you, as long as it does not cause them undue hardship. This means, that whether you’re returning to your old workplace or starting work somewhere new, your employer should find a reasonably relevant and accommodating position for you, as long as you can do the essential functions of your job.
For instance, your employer may need to adjust your work schedule, acquire modified equipment, or place you in a different position entirely depending on what your work restrictions are. In some cases, this may even include adjusting or modifying examinations, training materials, policies, or providing qualified readers or interpreters.
Don’t let employers use your disability as an excuse not to accommodate you. If you’re having trouble with an employer who refuses to take your disability into consideration, don’t hesitate to contact an attorney. It’s important to find out what your rights are when it comes to employment. Your injury shouldn’t prevent you from working.
After you’re injured at work, the last thing you want to worry about is whether or not a photo you post on social media will damage your case. Unfortunately, that’s the world we live in. Defense attorneys know that most of us share every aspect of our lives online, so that they will dig through any social media account they can find to gather evidence on why they shouldn’t pay you.
It can be hard to believe that the insurance companies would stoop this low, but one of our clients experienced it firsthand. She had a 10-second video, shot by her child, of her hugging her spouse after returning from seeing her mother, who was terminally ill.
The defense attorneys took that video and tore it apart for evidence. Soon they were asking questions such as “You seem to be moving okay, are you sure you’re hurt?” and “You seem to be carrying a bag; how much did it weigh?” These questions have the potential to save their clients tons of money — which is why it’s important not to give them anything to work with in the first place.
This may feel like a huge invasion of privacy, but the truth is they don’t see it that way because you are volunteering this information. Regardless of whether or not your profile is public, there’s still a good chance an attorney will find it. That’s why the best course of action is temporarily disabling your social media accounts while your case is ongoing.
Here are some more details to help you understand the basics of social media usage in legal proceedings.
If you’re not careful, your employer or insurer may find out about your social media posts through this process. So, keep your social media privacy settings private.
Also, if you post anything considered libelous (defamatory), slanderous, obscene, pornographic, or otherwise illegal, you risk having your account suspended or deleted.
When you join their organization, your employer or insurer may ask you to sign a non-disclosure agreement (NDA). An NDA prevents you from disclosing your job duties, work environment, or coworkers.
Finally, some employers or insurers may require you to sign a confidentiality agreement. These agreements prohibit you from revealing confidential information about your employer or insurer.
Keep these things in mind when posting content on social media sites. And remember, if you ever feel uncomfortable sharing personal details online, consider deleting your social media profiles altogether.
Social media sites like Facebook and Twitter allow users to post photos and videos online. These posts may be public records, meaning anyone who views them can access them. If you’re injured at work, your employer may use these posts as evidence against you.
Employees should never post photos or videos of their work on social media sites because this violates their privacy rights. However, if you’re injured at your job, your employer may use your social media posts as evidence against you in court.
To avoid having your social media posts become public records, keep your profile private and only share content related to your personal life. Don’t post anything that would embarrass you or your family. Also, don’t post anything that contains sensitive information, such as your address, phone number, email address, or credit card number.
Social media sites like Facebook and Twitter allow users to share information publicly or privately. When you post content online, you share it with everyone who visits your profile. However, there are privacy settings that control exactly what information gets shared.
If you use these privacy settings correctly, you may be able to protect yourself from being sued for defamation or libel. But if not, you may face a lawsuit for slander or libel.
There are two main ways to limit what information gets shared. First, you can set your privacy settings to private. Private posts only appear on your profile, and no one else sees them unless you invite them to view them. Second, you can remove specific posts from your timeline.
Social media sites like Facebook, Twitter, Instagram, Pinterest, LinkedIn, Google+, YouTube, and others allow users to share personal details about themselves. These details include photos, videos, posts, comments, likes, followers, and friends.
When you post these details publicly, anyone who visits your profile can view them. This includes not only your family members and friends but also the public. And because this information is available online, it’s considered a public record.
You may be entitled to workers’ compensation benefits if you’re injured at work. To receive those benefits, you must prove that your injury was job-related. So if you’ve been hurt at work, you must protect yourself by keeping your social media profiles private.
This means that when you log onto your social media account, you should never post anything that would identify you as being employed by a particular employer.
Social Security can significantly help injured workers in the United States. However, to qualify for these Social Security Disability benefits, there are several requirements you’ll need to meet. One such condition is to have worked a certain number of hours. Often, we have clients ask what those requirements are.
The Social Security Administration (SSA) defines disability as follows:
Disability means having a physical or mental impairment that substantially limits one or more major life activities, having a history or record of such an impairment, or being regarded as having such an impairment.
You may be eligible for Social Security Disability Insurance (SSDI) if you meet these criteria.
To qualify for SSDI benefits, you must prove that you’re disabled. To do this, you need medical evidence showing a severe impairment that prevents you from working. This includes doctors’ reports, hospital records, X-rays, MRIs, CAT scans, EEGs, blood tests, and other diagnostic procedures.
If you’ve been laid off, fired, injured at work, or otherwise unable to work due to illness or injury, you may be able to receive disability insurance through Social Security. This program provides income replacement payments to help pay for basic living expenses until you recover enough to return to work.
The Social Security Administration offers information about this benefit on its website. Once you complete the online application form, you’ll need to submit supporting documents to prove your claim. These include medical records, employment history, and proof of disability.
If you’re eligible for Social Security Disability benefit, you may be able to receive monthly payments until you die. However, some conditions must be met before qualifying for these benefits.
To begin the application process, you need to file an initial claim. To do this, you must submit evidence that you meet specific criteria. These include being unable to work because of a medical condition.
Once you’ve filed your initial claim, you’ll need to wait at least six months before applying again. During this waiting period, you’ll continue receiving your regular income.
After the waiting period ends, you’ll need to complete another form called an Application for Continuing Disability Insurance Benefits. Once you’ve completed this form, you’ll need to send it along with supporting documents to the SSA.
If you’re approved, you’ll receive a monthly payment for life. If you’re denied, you’ll receive a notice explaining why.
The first thing we tell them is that they need to make sure their disability meets the following:
If you meet these minimum requirements, the next step is to look at whether you’ve worked enough hours, recently enough, to qualify for Social Security Disability. This is determined through Social Security work credits.
Credits are based on your wages. In most cases, you need 40 credits to qualify for Social Security Disability, and 20 must have been earned in the last 10 years. It’s possible to earn up to 4 credits each year.
While this is an average, there are many factors to consider. For instance, younger workers who become disabled often don’t need as many credits to qualify for SSD. That’s why it’s important to speak with an experienced attorney. We can help guide you through your case.
For an injured worker, weekly workers’ compensation benefits are essential for paying the bills and putting food on the table for a family. Not knowing when your weekly check will arrive can stress an injured worker. Unfortunately, there’s a good chance your insurance adjuster won’t pay you on time. And to add insult to the work-related injury, in most cases, there’s nothing you can do to force them to pay on time because there is no law saying they have to pay you on the due date.
Ultimately it’s the adjuster’s responsibility to ensure they receive their payments and have the necessary resources to ensure you are being paid.
By law, workers’ compensation insurance must pay you within 14 days of the check’s due date. If the insurer does not pay you in that time, you may request a 10 percent penalty against the workers’ compensation insurance by filing a motion with the North Carolina Industrial Commission.
While the insurance companies are not required to pay on time, they are required to pay you eventually. If an insurance company withholds checks from you or takes more than two weeks to pay you, contact an experienced attorney. We work with you to make sure that your rights are protected.
The first thing that comes to mind when someone mentions workers’ compensation is that they will get paid. That’s what we all want, right? We want our money to pay bills or buy groceries as soon as possible. But not everyone gets their money on time. Some adjusters take months to even respond to claims. If you don’t hear from them within 30 days of filing your claim, you should contact an attorney immediately.
When you file a claim, there is usually a form that you need to fill out. You may be entitled to legal representation if the insurance company denies this form. You would need legal representation because the insurance company will try to deny your claim based on something that was written down incorrectly or wasn’t filled out correctly. It could also be that the insurance company did not give you enough information about how they would handle your case. If you receive a denial letter, you should call an attorney immediately. You may be able to appeal the decision, but may want the assistance of an experienced workers’ compensation lawyer.
When workers’ compensation adjusters fail to pay you on time, there are legal rights you should be aware of.
If your injury was due to negligence, your employer might be liable for damages. And if your injury was due to intentional misconduct, your employer may be liable for punitive damages.
But wait, there’s more! If your injury was due to gross negligence, your employer might still be liable for compensatory damages. Gross negligence means that your employer knew or should have known that his actions were dangerous and likely to cause harm.
The bottom line is this: if your workers’ compensation adjuster fails to pay you on time or pays you too little, you have legal recourse.
Workers’ compensation claims can be complicated and challenging to navigate, especially when it comes to determining the outcome of a case. As an injured worker, it can be frustrating to wait for a decision from the workers’ comp adjuster on whether your claim will be accepted or denied. However, certain factors can give adjusters a good indication that a claim will likely be successful. In this blog post, we’ll explore seven powerful things that let a workers’ comp adjuster know they’ll probably win. From medical evidence to timely reporting of injuries, understanding these key factors can help you make a stronger case and increase your chances of receiving the compensation you deserve.
This is almost a no-brainer. The Workers’ Compensation Act is so complicated and so full of loopholes that it takes a serious professional to know it all. So when seasoned adjusters go up against injured workers without an attorney at their side, it’s almost a guaranteed cheap settlement for the adjuster. And saving money for the insurance company is Job #1 for the adjuster. For a better idea of what workers’ compensation entails, go here.
How Oxner + Permar works to your advantage: Whether it’s getting reimbursements for your mileage; making sure relevant personnel included your overtime, bonuses, or per diems in your average weekly wage; or demanding the workers’ compensation insurance company pay for your yard care or housecleaning if you cannot do it, we never let an adjuster cheap out on your case.
Even better than an unrepresented injured worker is one with an attorney who doesn’t do anything. Most of their clients don’t realize how easy it is to switch to an attorney who’s going to get things done. If the attorney is too slow-moving to even return phone calls or meet face-to-face with clients, he’ll never get the adjuster to back down.
How Oxner + Permar works to your advantage: We are known for being aggressive. Our workers’ compensation attorneys take more cases to hearings than any other – and that reputation pays off even for those whose cases doesn’t need a hearing. Adjusters know they’ll never get rid of us quickly or cheaply.
Workers’ Compensation adjusters know the Industrial Commission lets them withhold checks for no good reason. They can do this for three weeks at a time and as often as they like if an attorney doesn’t intervene. If an adjuster can do this a few times, the injured workers will be desperate to settle – usually for the first or second offer.
How Oxner + Permar works to your advantage: We move quickly to obtain orders from the Industrial Commission requiring timely payment to you. We’ve even filed motions for workers’ compensation adjusters to be held in contempt if they continue playing games with your checks. The result is that most adjusters have learned not to bother our clients.
Experienced adjusters know this is a golden opportunity for them to cut your claim’s value immediately. So they hand-pick the doctors in advance to increase the chances this could happen to you. Your worker’s comp doctor can release you when you’re not ready to return to work. In most cases, the Industrial Commission will let the insurance company adjuster cut off your weekly workers’ compensation checks with little advance notice unless you act fast to prevent it.
How Oxner + Permar works to your advantage: We’ve developed a system for combating this. As soon as one of these company doctors attempts to release you without restriction, we file a series of legal documents. This requires the workers’ compensation insurance adjuster to hire an attorney, provide you with just medical care, and ultimately stall any attempt to cut your checks off.
This myth is spread by adjusters, doctors, and rehabilitation professionals, but it’s often far from the truth. The adjusters’ research group found that injured workers with attorneys average settlements that are 2.7 times greater than those without a lawyer. Workers’ Compensation Adjusters know that attorneys shouldn’t charge more than 25%, so even after paying a fee, the average injured worker will get twice as much having an attorney as they would otherwise.
How Oxner + Permar works to your advantage: We believe legal help should limit fees to 25%. We think fees should be paid only when we win or negotiate something for you. And we don’t take cases where you’ll not come ahead after paying a fee.
The adjuster wants to get you off her payroll and back onto the company payroll as quickly as possible. What happens after that isn’t her business. If your employer can find a reason to fire you, you’ll be on no one’s payroll. Best yet, for the adjuster anyway, is that in most situations, she won’t have to put the injured ex-worker back onto weekly checks.
How Oxner + Permar works to your advantage: Just as with full-duty return to work notes, we have a system in place which immediately smothers the adjuster and the employer with legal paperwork to make sure that any proposed light duty job is legal, is beneficial to you, and does not jeopardize your claim. This is a highly complex area of the law, and it is one where we’ve seen hundreds of injured workers have their claims go down the drain because tough lawyers did not protect them.
Adjusters hire these Rehabilitation Professionals to help keep costs down. But the RPs charge as much as $85.00 per hour. How does that save the adjuster money? All too often, it’s because the RPs are violating the Industrial Commission’s Rehab Rules. And they do it in a way that almost always guarantees a win for the adjuster.
How Oxner + Permar works to your advantage: RPs have a begrudging respect for us. Many will privately concede that we make them tow a line that few other lawyers do. We keep databases of rehab professionals from different files and note their strengths, weaknesses, and areas we’ve had to back them down. We won’t go into dealings with these people without being fully prepared, and we don’t let our clients do so, either.
