I Was Injured at Work. Now What?

author by Max Smelyansky on Mar. 20, 2016

Accident & Injury Accident & Injury  Personal Injury 

Summary: Though most workplaces strive to maintain excellent safety standards -- and are legally required to do so -- injuries on the job can and do happen on a regular basis.

Though most workplaces strive to maintain excellent safety standards -- and are legally required to do so -- injuries on the job can and do happen on a regular basis. Whether you wear a hard hat to work or a suit, accidents can occur just about anywhere. The important thing is knowing how to handle a workplace injury when it happens. Personal injury is a serious matter, and following the correct steps is essential to ensuring that you get the legal and medical treatment you’re entitled to.


The first thing you need to do, no matter what, is inform your supervisor. Some states require a written notice to the employer, while in others a verbal report is acceptable. However, it’s always preferable to get the situation in writing so that you have a record of the incident and when it happened. Certain states have a short statute of limitations, or time frame during which you can file a report of your injury. This makes it very important to get your notice filed as quickly as possible.


Just like notifying the proper parties, it’s also important to be prompt in getting medical treatment. Whether or not you think your injury is serious, it’s best both for your health and your legal case to get seen by a medical professional very quickly. Sometimes conditions that don’t initially appear to be very bad can worsen over time, so it’s a good idea to cover your bases and get checked out.


After you’ve been treated, it’s recommended that you consult with a personal injury lawyer. Workman’s compensation claims can be complicated, and involving a third-party professional is the best way to ensure that you receive the full benefits you’re entitled to. Your boss, human resources department and workplace insurance company are all available to offer you advice, but only a personal injury lawyer will be 100% dedicated to serving your interests.


Don’t wait until your claim has been denied or disputed to get a lawyer, as you don’t want to be caught off guard or be unprepared. Even if you have a great relationship with your employer and the situation seems perfectly straightforward, it’s possible that the company will attempt to dispute your claim. It can be in the employer’s interest to dispute claims in an attempt to save money on insurance.


If your claim is contested, you’ll be examined by a doctor who works on behalf of the state. Doctor-patient confidentiality will not exist with this doctor, so anything you say could be used against you -- for example, to indicate that the injury is not as serious as you claim, or that the injury was not directly work related. Having dependable legal counsel will be crucial at this stage of the process.


If your claim gets denied, your lawyer can also help guide you through the appeals process. These types of legal battles can be bureaucratically complicated and emotionally charged -- not to mention, the last thing you’ll want to be dealing with while trying to recover from an injury. Make sure that your case is in good hands so you can focus on getting better while your lawyer ensures that you receive every possible benefit. Author Bio: Max Smelyansky is a lawyer focusing on personal injury, family law and traffic ticket defense in the New York Capital Region. He is a partner at Melita & Smelyansky, PC and the owner of trafficcourtanswers.com

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