A Checklist for Workers’ Compensation Accident Victims

It is crucial that a worker that has been injured on the job take appropriate steps following an accident. By following certain steps, the injured worker can ensure that his or her rates are adequately and fully protected. Additionally, the injured worker increases his or her chances of obtaining the best possible settlement for the accident case. Here is a checklist of things an injured employee should consider doing following a Workers’ Compensation accident.

The first and perhaps most important thing to do after a Workers’ Compensation accident is to report the accident.

  • As quickly as humanly possible, the injured worker should report the specifics of exactly how the accident occurred to his or her supervisor. Make sure to provide as much detail and description on how the accident occurred to your supervisor. That way, there’s a full and comprehensive record of what occurred. Next, you want to make sure that your employer fills out what is called a First Report of Injury.
  • This, the employer is legally required to fill out. After the employer fills it out, he or she must submit this First Report of Injury to the employer’s Workers’ Compensation Insurance company. There are strict deadlines governing how quickly this First Report of Injury must be provided to the insurance company. Initially reporting the accident to the employer can help ensure that the subsequent First Report of Injury be as detailed and comprehensive as possible. The next item on the checklist applies to those that experienced personal injuries from their workplace accident. If injuries were sustained, regardless of their severity, medical treatment should be obtained. Workers’ Compensation accidents can cause very, very mild injuries to very catastrophic injuries, including even death. Whatever injuries were suffered, you want to make sure that you obtain prompt and appropriate medical attention to fully address your injuries stemming from the accident. Additionally, by obtaining medical treatment, medical records will be generated, which will document the full extent and nature and quality of the injuries you sustained in your work accident. Keep in mind, you can go to any medical provider you wish to following your work injury. You do not have to go to any particular medical provider.

The next item on the checklist is something you should not do.

  • What you should never do following a Workers’ Compensation accident is to sign any paperwork an insurance company sends to you. They may send you various forms, which can be confusing to one who has never seen such forms. Make sure not to sign or complete any of this paperwork because, by doing so, you may be unwittingly jeopardizing your rights to full compensation.

Next on the checklist is something you must do, which is to attend an independent medical exam, also known as an IME.

  • The IME is a medical appointment that is arranged by and paid for by your employer’s Workers’ Compensation Insurance company. If you are out of work due to a work injury and an insurance company is paying you weekly compensation benefits, the insurance company, by law, is allowed to have you seen by a doctor of their choosing. This IME physician is paid handsomely from the insurance company to write a report. This report will be largely based on the doctor’s review of your medical records, as well as an in-person examination that he or she conducts of you. Therefore, by law, you must attend the independent medical exam if one is scheduled for you.

Next, always consider the possibility of a third-party case.

  • By law, you cannot sue your employer for a work injury. You cannot sue for negligence against your employer stemming from a workplace accident. However, if your workplace injury was caused by a third party, then a third-party lawsuit may be possible. This is oftentimes seen in the context of a motor vehicle accident or a slip and fall accident. Frequently in those instances, it is a third-party such as an individual or a company that negligently contributed to a workplace accident. If that is the case, you may have an underlying Workers’ Compensation accident claim to pursue, as well as a potential third-party negligence claim to pursue against the applicable individual or company responsible for causing your accident.

The final item on the checklist for injured workers to do is to contact a Workers’ Compensation injury attorney.

  • A Workers’ Compensation attorney that is experienced will understand how to effectively navigate your case through the legal and court process. Workers’ Compensation Law can be quite complex. Therefore, having qualified representation and advocacy on your side can help to best promote your rights and entitlements under Workers’ Compensation Law.

Christopher Earley is a Workers’ Compensation attorney in Boston who handles Workers’ Compensation accidents as well as all types of personal injury accident cases. For over 15 years, the Law Office of Christopher Earley has been dedicated to representing the injured. If you or someone you know needs the assistance of an injury attorney, contact the Law Office of Christopher Earley today at 617-338-7400.

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Oklahoma Construction Site Injury

As of 2018, 85,600 people were working in the construction field in Oklahoma, building and maintaining our infrastructure, workplaces, homes, and more. Unfortunately, the risks associated with working on a construction site are high, and people are getting injured every day.

Construction Site Statistics

Working on a construction site is a risky endeavor. Every day, construction workers handle hazardous building materials and electric wires, scale tall buildings, and operate heavy machinery. It’s no wonder that research has found that construction work is one of the most dangerous industries.

According to data by the Occupational Safety and Health Administration, or OSHA, one in five worker deaths is in the construction business. These deaths were primarily caused by what OSHA calls the “Fatal Four.”

The “Fatal Four” indicates the following:

  • Falls: 33.5% of construction site fatalities happen due to serious slips and falls. This can include incidents such as tripping over improperly placed construction equipment, falling into hazardous material, or falling off of poorly secured scaffolding and ladders.
  • Struck by an object: 11.1% of construction site deaths happen when the worker gets hit by an object. This can include being struck by a flying object, like a misfired nail gun, or being struck by a falling object, such as a tool. This also includes being struck by a swinging object, such as heavy machinery, or being struck by a rolling object, such as a vehicle in motion.
  • Electrocution: 8.5% of construction-site fatalities occur because of electrocution. This can occur when wires and other electrical conduits are not safely used or secured, or when workers are improperly trained in electric work.
  • Caught in or in between an object: 5.5% of construction site deaths occur when a worker is caught in or in between an object. This can include cave-ins, body parts being pulled into machinery, or when the worker gets caught between the equipment and a fixed object.

OSHA has said that eliminating these causes would save almost 600 lives a year. While the “Fatal Four” are the most dangerous types of construction-site accidents, there are countless ways in which someone can be hurt while working on a construction site.

In the event of an accident, workers could suffer severe injuries that could have a lasting impact on their lives and livelihood. When this happens, they may need to turn to an experienced injury lawyer to help them get the workers’ compensation benefits they’re owed, or help them file a third-party injury claim. While not all workers are aware of their rights and legal options, a personal injury firm like this one, Abel Law Firm in Oklahoma City, could help them recover compensation. The firm lists the following as types of construction cases they handle:

  • Construction Equipment Defect
  • Construction Company Negligence
  • Slip and Fall Accidents
  • Repetitive Motion Injuries
  • Lifting Injuries
  • Exposure to Toxic Substances
  • Head/Brain Injuries
  • Amputations

For injured workers, an accident could mean not just physical pain, but also serious financial stress and strain. For those whose paychecks are the primary or sole means of supporting themselves and their families, an accident could have a devastating impact on their life and livelihood.

For this reason, it is recommended that all employers provide a safe workplace and reinforce safety procedures. Employees should also pay attention to proper safety procedures and processes to keep themselves and their co-workers safe.

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When Do You Need to Hire a Workmans Comp Attorney Macon

Being injured is never good but the experience happens to be much worse when you get hurt while trying to do your own job at the workplace. True, your employer needs to provide you with workman’s compensation when the fault had not been yours but unfortunately, there is many a slip between the cup and the lip and you might find yourself being deprived on account of performing your duty. Read more

This article is written by Westmoreland, Patterson, Moseley & Hinson, L.L.P. Team. Westmoreland, Patterson, Moseley & Hinson, LLP, has been representing people with legal needs for over 50 years. Our law firm uses the vast resources available and we have the experience needed to handle successfully a wide range of complex legal issues