Job accidents are very common in the United States. As per the data provided by the Occupational Safety and Health Administration (OSHA) for the year 2023, a total of 5,283 fatal work injuries were reported, resulting in a rate of 3.5 deaths per 100,000 full-time permanent employees.Â
According to a San Bernardino workers’ compensation lawyer, individuals can legally demand compensation if they sustained injuries at work through no fault of their own. The unfortunate reality is that these cases are not easy to deal with, and even the smallest error can contaminate and drag out the resolution of your claim.
Sometimes, certain issues have to be accounted for, including ignoring or denying your claim. As an injured worker, you have certain rights, and exercising them can make a difference.Â
Let’s look at some of the potential strategies so that your claim will be given all the necessary attention.
Understand Your Rights as an Injured Worker
You need to understand your rights if you have sustained any injury at work. The workers’ compensation laws stipulate medical care and wage benefits for the injury incurred. You may seek assistance from your employer or union representative to assist you in filing a claim.Â
Employees have the right to report their injury without worrying about retaliation. If you think your case was dismissed unjustly, consulting an attorney isn’t a bad idea. The more evidence you have, the more assistance you will receive.Â
The main difference between workers compensation and personal injury is that for you to receive workers’ compensation, you don’t need to prove fault, you only need to show evidence that you were injured at work.Â
For a personal injury claim to be successful on the other hand, you need to prove that your employer or a third party caused the injury intentionally or because of their negligence.Â
Gather Documentation and Evidence
You must immediately gather documentation and evidence after you sustain an injury at work. Collect all medical records that show treatment and recovery processes. Acquire copies of documents that show medical bills or prescriptions resulting from the injury.Â
In this instance, witness statements from colleagues present at the time of the accident will be important. Maintain a log of your daily life and work with regard to your injury. Pictures of the accident site and the visible injuries will serve as strong evidence for your case.
Keep all correspondence regarding the claim between you and your employer or insurance company. The stronger you build up the case, the more empowered you will feel.
Follow up With Your Employer or Insurance Company
After documenting your injury and gathering the necessary evidence, you must subsequently follow up with your employer or insurance. This means you should directly contact them and don’t hesitate to follow up on your claim status.Â
Such an approach shows your proactiveness towards recovery. Always explain yourself openly and clearly. Share your document if needed. Respectfully deal with any delays that might surface. Keep in mind that you are not alone in this situation, so try to establish a positive relationship with your employer or claims adjuster.Â
Don’t get tired of following up on your case. This action will guarantee that they hear your voice and give your claim the attention it deserves.
Consider Filing an Appeal
At times, claims are denied or are not processed as expected for workers’ compensation. Do not get discouraged, as you can always appeal the unfavorable decision if this happens. Your denial letter should provide you with further information about the grounds for an adverse action on your claim.
Collect all supporting evidence, including witness accounts or medical records. Abide by the guide on how to appeal and be mindful of your deadlines. The appeal process may seem intimidating but keep in mind that several workers have found themselves in similar situations as you.
Taking action constitutes a form of self-advocacy, and you must now proceed even further with the appeal.
Seek Legal Assistance if Necessary
If your appeal fails to provide you with favorable results, the next step is most likely hiring an attorney. You require assistance in this stressful situation. An attorney will acknowledge your rights, evaluate your case, and guide you through the legal process. Your authorized attorney would advocate for you and preserve your dignity at all stages while fulfilling your needs.
Another thing that will help you is to talk to other people who have encountered similar issues. Legal services or worker advocacy groups from your area will be of help in linking you to competent attorneys.Â
Attorneys will see to it that your rights are upheld and you get the compensation you deserve. Don’t be afraid to ask for legal assistance since it is always available for you.
