The best way to approach tough situations is to be as informed about them as possible, and this is especially true if you are ever injured while at work. While you can’t exactly prepare for accidents happening, you can be prepared for the aftermath.
Imagine this: You’re at work and going about your usual routine when you trip on a loose tile and fracture your hip. Who’s at fault here? If it’s not you at all, who’s going to pay for your medical bills? Definitely not you! This is where it’s crucial to know your rights and claim for work injury compensation.
If you’re seriously injured, the last thing you want to do is fight for what you deserve, which is why it’s advisable to have a good lawyer with experience in work injury claims in your corner. You can find a lawyer here to help claim for workplace injuries.
But it’s also good to know what to do should anything happen to you while you’re at work. Put simply, here are five steps you have to take when claiming work injury compensation if you believe that you are eligible:
Step 1: Report the injury or illness to your employer
First off, if you’ve been injured at work or you’ve suffered from an illness that occurred because of your work situation, report it to your employer. Should your employer not be notified within 30 days of your being aware of the injury or illness, it’s likely that your claim may be rejected.
Legally, every employee needs to have an accident register or injury book where you can write down the details of your affliction. When there’s no sign of one, you can write it down or send it via email. Remember, and this is important; always keep a copy for your own records.
Step 2: Get treated by a doctor
Regardless of whether you think it’s a minor injury, as soon as you’re aware that you’re ill or injured, you need to go to your doctor and receive the proper treatment. The reality is that you will never know the full extent of an injury or illness until you have a medical professional take a look. When you’re speaking to the doctor, it’s crucial that you explain everything that happened in detail and you believe that the injury occurred due to the work you do or the work environment.
Step 3: Have your doctor give you a “Certificate of Capacity”
To make things official, you will need to get what is sometimes referred to as a “work capacity certificate”. This is a document from a medical practitioner that officially states that your ability to work has been impacted by the illness or injury caused by work. It will also state how long your capacity may be impacted and what the expected treatment for the injury or illness will be.
Step 4: It’s time to request a Worker’s Compensation Claim form
As soon as you’ve reported your injury or illness, your employer should give you a workers’ compensation claim form to sign. If this doesn’t happen, you’ll need to request one, either from your employer, your doctor or the WorkCover authority of your state or territory.
Step 5: Submit your claim
When claiming your worker’s compensation, with your “Certificate of Capacity” attached, you’ll be required to submit the claim form to your employer. It’s imperative that you keep a copy of all necessary documents for yourself. Once the form is submitted, your employer’s worker’s compensation insurance should be reliable for covering medical bills and some of your pay while you’re off work.
What are the Insurer’s or employer’s obligations?
When you claim for worker’s compensation, there are quite a few things your employer or the insurer is obligated to do. This may differ depending on the state or territory you work in, but here are some of their obligations:
- Employers need to have the correct policies and documentation in place
- Employers need to maintain a record of all work-related injuries
- Employers need to notify their insurer of all workplace injuries within 48 hours
- Employers and insurers need to work together to develop the worker’s injury management plan
Can I claim if I work remotely?
In most cases, even injuries that are sustained in your home while you’re on official work duty could be eligible for worker’s compensation. As long as you take the necessary precautions to ensure you’re in a safe workplace, you may still qualify for worker’s compensation regardless of whether you work in a conventional office space or not.
Final thoughts
While it’s also your responsibility to take the necessary precautions to ensure that your work environment is safe, sometimes accidents happen. Nonetheless, if you were not at fault, you may be eligible for worker’s compensation. You need to be ready to claim, though, because there is a timeline, and some insurance companies or employers may put up a fight. So, know your rights, take the necessary steps, and hire a local professional such as a workers’ compensation lawyer in Philadelphia, to help you get the compensation you deserve.
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