by Matthias Deangelo

Created on: April 22, 2010   Last Updated: April 26, 2010

What to do when you are injured on the job:

1. Promptly report the injury to your employer. 

This allows the employer to investigate your accident.  While there are no guarantees, most employers are more likely to accept claims where the accident was promptly reported.  Don't assume that the pain will go away.

As soon as you have seen your doctor, go to your nearest Workers' Compensation Commissioner's office and fill out a "Notice of Claim", and send a copy to your employer.  The reason for this is that you could be barred from bringing a claim for workers' compensation benefits if you don't file within a year.  There are exceptions to this rule, but it is better to be safe then sorry when it comes to your workers' compensation benefits.

2.  Stay in touch with your employer while you are out of work.

A good employer should stay in touch with you to see how you are doing.  However, some don't.  Regardless, our philosophy is that the injured worker should be pro-active and take the initiative and contact them.  Let the employer know how you are doing and when your doctor thinks you might be able to return to work.  It reinforces the idea that you WILL be coming back to work.

If the doctor gives you work restrictions, make sure the employer has the doctor's note, and ask the employer if there is anything you can do within those restrictions. For example, if you can only lift 10 pounds, and/or only work 4 hours, then ask if there is work you can do within those restrictions.

Now, some employers will tell you they have no work available within those restrictions.  Some will even insist that you not come back until you are cleared for your regular work.  (Some may not want you back at all, though they are unlikely to admit that).

Most employers will appreciate that you are showing a willingness to come back to work, and will try to accommodate you.  This benefits them for a number of reasons. First, if they are paying you to stay at home, then most will decide that they might as well have you come in and do something.  Even if your employer is not so accommodating, you can at least demonstrate that you are actively seeking return to work. This will not only help you in your workers' compensation claim, it will also help you with future employers who are bound to appreciate someone with initiative.

3.  If your doctor says you cannot return to your old job, but are capable of working, then try to find alternative work.

Check to see if your employer has "light duty" work available within the restrictions your doctor gave you.  For example, if your doctor says don't lift anything over 10 pounds, then you need a job which does not require you to lift over 10 pounds.  If the job offered requires you to lift up to 20 pounds, then you cannot do it.  If the employer has no work available within these restrictions, then you must try to find work that you can do to receive benefits.

4.  Follow up with the insurance company if your claim is denied.

Ask the insurance company claims adjuster for the reason why your claim was denied.  If he/she is missing a medical report, have your doctor send it to him/her.  If they don't believe you had a legitimate injury, or if they don't respond to your calls, then request a hearing in front of the workers' compensation commissioner.

5.  If the claim cannot be resolved voluntarily, then request a formal hearing.

At this point, you should probably hire an experienced workers' compensation attorney in your state.

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