What to do if you are Injured on the Job

Suffering an injury at work can be an incredibly stressful and overwhelming experience. Not only do you have to worry about your physical recovery, but you may also be facing financial struggles due to your inability to work and pay bills. Thankfully, workers’ compensation benefits are in place to help you during this time. However, it’s important to understand the process if you are injured on the job and ensure your rights are protected. Taking the necessary steps to recover compensation after a workplace injury can help alleviate some of that stress and allow you to focus on your recovery. The following information outlines what to do if a worker is hurt on the job.

 

Notify Your Supervisor and Report the Accident

 

As soon as a workplace accident occurs, it is crucial that you notify your employer and report the incident. This is especially important if you want to recover workers’ compensation benefits. In Ohio, the Bureau of Workers’ Compensation (BWC) has assigned managed care organizations to manage medical and return-to-work services as part of the process. To file a claim, you must complete the First Report of Injury (FROI) form and submit it to the BWC. Reporting the accident to your employer promptly can help you avoid any potential denial of your benefits. It’s also important to have coworkers or others around you when reporting the incident, as they can provide a witness statement. Regardless of the severity of your injuries, report the accident in writing to protect your interests.

Find Out if Anyone Witnessed Your Accident 

 

It’s natural to feel overwhelmed after experiencing an accident. As you begin to assess the situation, it’s important to consider whether anyone may have witnessed what happened. Eye-witness testimony can be incredibly helpful in both workers’ compensation claims and third-party claims. In the case of a workers’ compensation claim, if your employer’s insurer denies your claim, having an eyewitness account of what occurred can establish that you were not engaging in horseplay or under the influence at the time of your injury. Witnesses can also play a crucial role in third-party claims by providing evidence that the other party’s negligence directly caused your accident. Don’t underestimate the importance of witness testimony – it can make all the difference in getting the compensation you deserve.

Seek Medical Attention

 

After being involved in an accident, it is crucial that you seek medical attention as soon as possible. Even if you feel like your injuries are minor, it is important to document them properly. This documentation will assist with your workers’ compensation claim and any third-party lawsuit. If your injuries are serious, head straight to the emergency room. If not, schedule an appointment to see your doctor to receive treatment. In Ohio, you can choose any doctor for the first visit and any BWC-certified provider for the rest. Ensure you inform your doctor about your managed care organization during treatment, as they will use this information to file your claim. Ignoring your injuries and avoiding medical care can lead to the insurer claiming that you have fabricated or exaggerated your injuries, so seek medical attention right away.


Workers’ Compensation Benefits and Third-Party Claims 

 

Workers’ Compensation 

 

Getting injured at work is a frightening experience, and it can be especially stressful if you’re unsure of what your options are. Workers’ compensation benefits are designed to ease that uncertainty by providing guaranteed compensation for injured workers, regardless of who is at fault. While giving up your right to sue in exchange for these benefits may seem like a big trade-off, it ultimately protects both employee and employer from costly legal battles. Speaking with an attorney about third-party claims can be beneficial, as additional parties may be responsible for your injury. In the end, navigating the workers’ compensation claims process can be complicated, but understanding your rights and options can help ease the burden.

 

Third-Party Claim

 

In some cases, you may also be able to file a claim against a third party for additional compensation. This type of claim can allow you to recover lost wages and medical benefits covered by workers’ compensation and noneconomic damages such as pain, suffering, and mental anguish. If you’re unsure about whether or not you’re eligible to file a third-party claim, it’s important to speak with a work injury attorney. The experienced attorneys at Gallon, Takacs & Boissoneault can help you determine your options and guide you through the process of seeking compensation for your injuries.

Gather Facts about the Accident and Evidence of Negligence

 

When it comes to any accidents, whether it be in the workplace or elsewhere, gathering facts and evidence is crucial. In order to prove negligence against any potential defendants, it is important to establish four key elements: duty, breach of duty, causation, and damages. While workers’ compensation benefits may not require proof of negligence, a third-party liability claim or lawsuit certainly will. This means that finding and compiling evidence of negligence is vital to your ability to seek justice and any potential compensation. So, gather what you can and work with an experienced attorney to build a strong case.

 

Duty

 

The first element to prove negligence is establishing that the defendant(s) had a duty to keep you safe at work. For example, if you were working on a construction site, your supervisor or the property owner was responsible for providing you with the necessary safety equipment and procedures. To prove this, you must have documented evidence of any safety protocols and witness testimonies supporting your claim.

 

Breach of Duty

 

Once you have established the defendant(s) had a duty, you need to prove they breached that duty. Taking the same construction site example, if the supervisor failed to provide workers with safety equipment, such as helmets and harnesses, this would be a breach of duty. Collect physical evidence such as photographs of the site and any records of safety equipment provided or lack thereof. In addition, interview any witnesses who can support your claim.

 

Causation

 

The next step is proving that the defendant(s) actions directly caused your injury. In the construction example, if you fell from scaffolding, you need to prove that the scaffolding was defective and that the defect was the direct cause of your fall and injury. Collect any records of inspection reports, maintenance logs, photographs of the scaffolding, and expert opinions on the cause of the accident.

 

Damages

 

Finally, you need to demonstrate that you have suffered actual damages due to the workplace injury. It would be best if you had documented medical records, receipts for treatments, and any proof of lost wages. By demonstrating that you have suffered financially, you can strengthen your claim.

 

Where can I get help recovering compensation after a work injury?

 

Suffering a work injury can be a daunting experience, especially if you are unsure of where to turn for assistance. It is important to know that there are options available to you if you are injured on the job. Seeking workers’ compensation or filing a non-employer lawsuit can help you receive the compensation you need to focus on your recovery. However, these processes can be complex and difficult to navigate. That is where the legal team at Gallon, Takacs & Boissoneault Co. L.P.A. comes in. Our skilled attorneys have extensive experience in workers’ compensation and third-party claims, and we will work tirelessly to gather the evidence and information needed to build your case. If you need help recovering compensation after a work injury, contact us today at 419-843-6663 or fill out our online form to learn more about your options.