A perfectly good day on the job can turn ugly when you get injured in the workplace. You’ll probably have a lot of questions rattling around in your head about how to proceed in the face of the unexpected, but here are five of the most important questions to ask following your on-the-job injury.
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1. Have I Reported My Injury?
After your injury, the first thing you need to do is tell your employer. In Nevada, you have seven days to report your injury or illness to your employer. If you don’t report in this window, you will jeopardize your chances of getting workers’ compensation benefits.
Most companies will provide you with a specific form for you to complete (called a C-1) detailing your injury and the circumstances of your injury accident. If your employer doesn’t provide you with the form, you can send the pertinent details to them in an email. Your report should include:
- Your name and job title
- Your contact information
- The details of the incident (when, where, and how it occurred)
- The details of your injury (with attached photos if possible)
- Names and contact information of anyone who witnessed the incident
This is not the time to downplay your injury so you can stay on the clock or be seen as a tough guy or gal. Your health should be your top priority, so make sure you report your injury promptly.
2. Have I Made a Doctor’s Appointment?
After you’re injured, your top priority should be to get medical help as soon as possible—even if you think your injury is minor. Minor injuries can turn into major ones if left untreated. A doctor can make sure you don’t do things that will worsen your injury and put you on the best course to recovery. Officially, you have 90 days from the injury to seek treatment, but sooner is always better for the sake of your health.
Consult your employer about medical care. Your employer will likely have a list of approved physicians for you to see (who accept workers’ compensation insurance). Make sure to obey all orders from your doctor; if you don’t, you could hurt your claim. Attend all follow-up medical and therapy appointments and take any recommended medications as directed.
3. Have I Documented My Injury Accident?
To support your workplace injury claim, you will need to document the evidence. Write down the details of the accident while they are still fresh in your mind. Make sure you have contact information for anyone who witnessed the accident. Take photos of the accident scene, including anything that contributed to the injury. This could include debris on the floor, broken machinery, or a non-ergonomic workspace.
Photograph your injury if it is visible. Keep a written record of how it progresses over time. If it gets worse or changes, make a note of it along with relevant dates.
You should keep copies of doctor’s notes, prescriptions, medical test results, and physical therapy plans. You should also keep track of workdays that you have had to miss due to your injury.
You should also keep a record of correspondence with your employer. It’s a good idea to communicate via text or email because you will have a written record that can be used as evidence to support your injury claim.
4. Has My Employer Filed an Insurance Claim?
After your first medical visit for your workplace injury, your doctor will have three days to submit a treatment report to your employer’s insurance (using the C-4 form). This allows your employer to file an official report of your injury. Within 30 days of the C-4 being submitted, the insurer will make a decision about whether to accept or deny your claim.
After you see your doctor for the initial visit, it’s a good idea to check in with your employer and ask them about the timeline for your claim to be reviewed. If you don’t hear back in the expected timeframe, follow up with your employer.
5. Have I Contacted a Workplace Injury Attorney?
Every employer should play by the rules when it comes to workplace injuries. Unfortunately, that doesn’t always happen. We’ve seen employers do the following:
- Fail to get workers’ compensation insurance (even though they’re legally required to have it)
- Retaliate against employees for reporting a work injury
- Drag their feet on claims and miss important filing deadlines
- Try to get an employee to return to work against their doctor’s orders
- Deny responsibility for employees’ injury claims
- Try to pass employees’ injuries off as pre-existing conditions
A workers’ compensation attorney will hold your employer accountable and help you get you all the benefits that you’re entitled to. They can shoulder the stresses of the case and interface directly with your employer and their insurer so that you can focus on healing and returning to work. If your case is denied, they can help you file an appeal in a timely manner.
These are essential questions, but you may have others after your on-the-job injury. If so, contact our workers’ comp lawyers serving Las Vegas, Summerlin, and Henderson (and other Vegas suburbs). We’ve been helping workplace injury victims win cases since we opened 50 years ago, and we’ll do the same for you.