Employee Responsibilities for Workers’ Compensation
Employes Responsibilities in Workers’ Compensation Claims
Workers’ compensation claims are stressful. Often this is because employees try to face their employer’s legal team alone without knowing exactly what their responsibilities in these cases are.
If you’ve sustained injuries at work, it’s no cakewalk to get the benefits you are entitled to. That’s why arming yourself with the right information on what your responsibilities are is crucial to getting access to every dollar that is coming to you.
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Below we’ve compiled a list and explanation of all the responsibilities often put on the employee in workers’ compensation claims. Yet, you don’t have to fight it alone—if you’re fighting your employer for workers’ compensation, give The Moynahan Law personal injury law firm a call today so we can get to work fighting for you.
1. Responsible Working Practices
One of the most important questions you will receive when submitting a workers’ compensation claim is whether you’ve followed all safety protocols incumbent in your line of work. If you’re making a workers’ compensation claim, you better be sure you were doing everything in your power to act responsibly during the course of your job duties.
2. Reporting the Injury
When you’re injured at work, it is crucial to report the injury immediately to management. This is perhaps the most common reason workers’ compensation claims are rejected.
Quick and efficient reporting of the incident will allow you to use the current circumstances of your injury as evidence to support your case. This can include photographic evidence of the specific area where the injury happened, as well as eye witness accounts of the injury taking place.
3. Seek Medical Attention Immediately
In the case of injuries at work, seeking medical attention immediately gives you official documentation that the injury happened. No matter how serious the injury is, the documentation that follows medical attention often gives validity to the claims not only that the injury happened at work, but that it is serious enough to qualify for workers’ compensation.
4. Maintaining Accurate Records of Care and Employer Interactions
Every piece of documentation you receive related to your injury can be used as evidence. This can include everything from video or photographic evidence of the scene, to medical records, and recording of employer interactions.
All the evidence you collect to make your claim should be stored securely, and easily reproduced to ensure you never lose a crucial piece of documentation. Employers, the courts, and your lawyer will all most likely request various pieces of evidence to build or analyze your case, so make sure you have everything possible to strengthen your case.
5. Cooperate With Your Employer’s Insurance Provider
Your employer’s insurance company will most likely request certain actions be taken by the employee to ensure their claim is reasonable. This will definitely include documentation of medical attention and proof that the injury was caused by employer negligence, but can also include seeking a medical opinion from an independent physician.
Never reject the demands of your employer’s insurance company—doing so could jeopardize and complicate your likelihood of being paid the benefits you are entitled to.
6. Act Responsibly After an Injury
Whatever your injury is, the advising physician will give you a recommendation on how to effectively heal the injury.
For example, if you’ve broken your leg, and your doctor advises you to stay off it, running a marathon will demonstrate that the injury was not serious or required time off work. Make sure that you listen to the physician’s medical recommendations exactly as prescribed, and receive documentation from the physician that the advice was followed.
In the end, there’s much in your power you can do to ensure your workers’ compensation claim is awarded to you. But, you don’t have to go it alone—contact Moynahan Law today so we can get to work fighting for what you deserve.
Timothy C. Moynahan is the CEO and owner of Moynahan Partners, which offers business development consultancy, identifying strategic business partnerships and funding sources. He founded and heads the Moynahan Law Firm, Waterbury, Connecticut, and is “of counsel” to the Jin Law Group at 200 Park Avenue in New York. He is a sought-after and successful trial lawyer, earning the Super Lawyer of New England and Connecticut awards from 2009 to 2012 and Best Criminal Defense Attorney accolade in 2013.