What To Do When Injured At Work
What To Do When Injured At Work – Injury Lawyers » Legal Blog » When and How to Report a Work Accident and Other Important Questions
If you are injured on the job, the last thing on your mind is your employer’s workers’ compensation practices and policies. In a moment, your health, work and routine can be disrupted. It’s hard to know what to focus on first, to restore some order to your life.
What To Do When Injured At Work
As a North Carolina workers compensation attorney, I have helped many people in NC who have been injured on the job and are unsure of their next steps. I have seen confusion, reluctance to report accidents, and delayed action that cause problems with workers’ compensation claims.
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This article addresses the most common questions I see from injured workers — who, what, how, and when — about reporting work-related injuries. These questions and answers will help you understand when to report a work-related injury (spoiler alert: coming soon!), and give you the basics of what to do next.
If you are injured on the job, report it to your employer immediately, and in writing if possible. This reporting issue is important. One of the first questions asked in workers’ compensation claims is, “Did the client report the accident or injury to his or her employer?” Also, the answer will often help determine whether the client has workers’ compensation benefits. An employee’s failure to report an accident is one of the most common reasons insurance companies deny a claim.
What is “instant”? North Carolina law requires employees to report injuries within 30 days. Reporting your injury in writing right away can help you avoid one of the biggest reasons your claim is denied. Claims not received within 30 days of written notice may be barred.
So, what do you need to know about when and how to report your workers’ comp claim? The law is clear that your claim must meet two criteria: notice must be given within 30 days of the accident, and notice must be in writing.
I’ve Been Injured At Work, What Do I Do Next?
The NC Workers’ Compensation Act provides specific instructions on how many days to report a workplace injury.
“Each injured employee or his representative shall, immediately after the occurrence of the accident, or as soon as practicable, give the employer written notice of the accident or cause… (emphasis added) Failure to give written notice within 30 days. , compensation shall not be given.
I understand that running to your boss at the first sign of back pain is a sign of the rigidity of our culture and emphasis on “stick it out.” Many clients have confided in me that they didn’t report their back injury right away because they thought it was a sprain and didn’t want to cause problems at work. However, minor tweaks and sprains that go unreported can harm workers’ compensation claims if the injury worsens.
This may come as a surprise, but it has been my experience that some workers’ compensation insurance companies do not prioritize “doing good” by the injured worker. I’ve seen insurance claims adjusters come up with vague reasons when trying to deny a claim. Failure to report an accident promptly gives them a technical and legal basis to deny you. Don’t give them.
Steps To Take When An Injury Happens At Work
Additionally, some employers are suspicious of workers’ compensation claims. A delay in reporting can increase these suspicions and adversely affect your credibility. Time and time again I have seen injured workers promptly report their injuries and have their claims accepted.
Report your accident in writing, as prompt written notification helps support your claim. Some people believe that reporting accidents verbally—telling what happened to a manager, supervisor, or coworker—is enough. They could be wrong. I cannot stress enough that failure to provide written notice can prevent you from legally recovering any benefits.
Fortunately, there is a common-sense exception that makes this rule less damaging to injured workers. Even if the employee has reasonable cause for not giving written notice within 30 days, the employee may claim damages if the employer is not prejudiced by the delay. This exception often occurs when the employer has “actual notice” of the accident at work – that is, when the employer is immediately informed or has direct knowledge.
The real concern is whether an employer and its insurance company will be harmed when an injured worker fails to give notice. If an employer is aware of an accident, it is difficult to argue that they suffered because of the lack of written notice. With a genuine report of a workplace injury, the employer has the opportunity to investigate, interview witnesses and refer the injured worker to the doctor of their choice.
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You should always submit a written accident notice as soon as possible regarding your accident. Giving written notice is fully compliant with the law and notice documents.
Bottom line: Don’t rely on your employer’s knowledge of your injury. Put security, obey the law – give written notice.
One of the main reasons workers’ compensation claims are denied is not reporting your injury to your employer in writing immediately. If you have been injured on the job, call us today for a free case evaluation.
As long as your accident report is in writing, the sky is the limit. You can file a formal accident report, send a handwritten letter, type an email, or send a text message to your employer. It all counts.
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Make sure you clearly state that the accident occurred at work or while on duty. Also, save a copy of the letter in case you need to prove at some point down the road that you reported your accident.
If your workplace does not have a formal procedure for reporting a workplace injury, the best practice is to report your injury in writing to someone in authority. Does your organization have a human resources department? Can you contact your direct supervisor or general manager?
Don’t assume that your boss has been notified of your injury just because you wrote to a coworker. Try to get your written report from someone more senior than you.
In North Carolina, the injured worker is responsible for filing a workers’ compensation claim. So after informing your employer
Workplace Injury Infographic
You must complete Form 18 and file it with the NCIC (North Carolina Industrial Commission), and give a copy to your employer. Again, be sure to keep a copy for your own records!
Employers are responsible for filing a Form 19 Accident Report with NCIC upon notification of an employee’s injury. Ideally, your employer will do this immediately and give you a copy. But what happens if the employer does not report the accident – if they fail or refuse? Well, that may be a factor when reviewing your claim.
This is another reason why it’s important to notify your employer in writing when reporting an accident at work: That way, you’ll have a paper trail that shows you followed the correct procedure.
Early reporting of workplace injuries allows an employer to investigate the cause of an accident and correct safety issues before they result in OSHA violations and/or more serious injury or death to a co-worker.
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If you are injured on the job and do not report the injury promptly, your chances of making a workers’ compensation claim may be reduced or denied, meaning you may lose valuable medical care or compensation for lost work time . Alerting an employer to an injury can allow you to get treatment before the injury gets worse and can lead to longer work hours, higher medical bills, and higher workers’ compensation costs.
Although work accidents can start out minor, in our experience, if they are not treated, they develop into more serious, chronic conditions. When a settlement is finally sought, workers’ compensation claims may be denied if the initial injuries are not reported.
If you still have questions about reporting your work injury, call us at 1-866-900-7078 or contact us online for a free case evaluation. We have helped many people deal with insurance companies that denied their claims due to reporting issues. We will fight hard to protect your right so you can focus on treatment.
Matthew Haley practices workers’ compensation law for the Law Offices of James Scott in North Carolina. He previously worked for a corporate security company, but wanted to fight injured workers instead. Matthew is a certified specialist in Workers’ Compensation law with the North Carolina State Bar and has been named “The Advocate”.
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