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When you have been injured on the job, there are certain actions you should, and should not, take to make certain your right to recover any compensation you are due is not compromised.
Our Lancaster job injury lawyer explains.
Following are the steps that you should take when you have been injured on the job.
You are required by law to notify your employer of your injury. While you technically have up to
120 days, our Lancaster job injury lawyer advises telling them as soon as possible, as this will help you when you apply for workers’ compensation benefits. It is also important that you notify someone with authority, such as your supervisor or an HR representative. Telling a coworker is not enough. Also, while verbally telling your employer about your injury is acceptable, it may save you problems in the long run if you also submit a letter or report that verifies your injury.
It is important that you seek medical attention for your injury, and that you follow up with any care recommendations made by the physician. Failure to do so may have a negative impact on your ability to collect your workers’ compensation benefits. While you may wish to visit with your own physician, if your employer has complied with certain regulations, and has posted a list of doctors on their website, you are required to visit one of those doctors if it is within the first 90 days after your accident. For guidance on your ability to choose your own doctor, it is best to speak with a Lancaster job injury lawyer at Vanasse Law, LLC.
Within 21 days of reporting your injury to your employer, your employer’s workers’ compensation carrier is required to notify you whether or not your claim for coverage has been accepted or denied. If your claim is accepted, you should receive a Notice of Compensation Payable. If your claim is denied, you should receive a Notice of Compensation Denial.
It is important to document everything that happens in case your claim is denied or you do not receive the full value of your claim. Listed below are some of the items it is important to keep handy:
As important as it is to make certain you do certain things, it is just as important to make sure there are certain actions you refrain from taking, as explained by our Lancaster job injury lawyer below.
It is imperative that you do not ignore or delay in reporting your injury to your employer. Doing so seriously jeopardizes your ability to recover under your workers’ compensation claim. If you miss certain deadlines, it can even result in your claim being barred. Do not allow anyone, including the employer, to convince you that you should not report an injury. Even minor injuries can later become serious in nature, and you want to be sure that you can recover the compensation you are owed.
Although it may be tempting to exaggerate your injury, keep in mind that the insurance company will welcome any reason to deny your claim. If they are able to prove that you are being intentionally dishonest, they could very well use that dishonesty to deny you the benefits to which you are entitled.
Just as it is not a good idea to exaggerate your injury, it is also inadvisable to minimize the extent of your injury. Sometimes, injured workers minimize their injuries because they are embarrassed to discuss the full extent of the harm they experienced, or because they do not want to appear weak. No matter the reason, it is always best to be honest and disclose all information related to your injury.
It is important to be truthful about your injuries at every stage of the claims process, as it is possible that your injuries may spread or become more localized after the initial hurt. It is also possible that the injury has made an old injury worse. In other words, this injury has aggravated a pre-existing injury. Make sure you tell your physician if this is the case and of any other updates or changes.
Many of the clients that our Lancaster job injury lawyer represents are hard-working, loyal employees, and they trust their employer to take care of them when they become injured. Unfortunately, this is not the way that it works. Even if you do have a great relationship with your employer, it is not them that you will be dealing with. Instead, you will be contacted by a representative, typically an adjuster, from the insurance company. This person is not your friend, even if they appear to be legitimately concerned with your well-being. The same is true for anyone else that works for the insurance company, including a nurse or medical case manager. You should expect that anything you say, no matter how unimportant in your eyes, will be used against you if possible. Because of this, it is best to refer any questions, inquiries, forms, or requests from the insurance company to your Lancaster job injury lawyer.
If you have suffered a work-related injury, you are likely left feeling overwhelmed and unsure as to what you should do next. At Vanesse Law, LLC, we help people just like you recover the workers’ compensation benefits they are owed. Contact our firm today to schedule an appointment to discuss your potential claim with a knowledgeable Lancaster job injury lawyer.