Nearly 3 million workplace injuries were reported in 2016. Accidents happen to everyone, so it’s important to stay informed about workplace injuries.
What Are the Most Common Types of Workplace Injury?
The most common types of workplace injuries are:
- Repetitive motion injuries
- Machine entanglement
- Falling from heights
- Bloodborne pathogen exposure
- Violent acts
- Vehicle accidents
- Slips, trips, and falls
What Should I Do if I’m Injured on the Job?
The first thing you must do when you obtain a work-related injury is inform your employer. Then you must file a claim with the workers’ compensation court in your state. These are time sensitive steps, because most states give you 30 days or less to take these actions.
What if the Accident was my Fault?
Unlike personal injury claims, workers’ compensation claims do not work on a fault-based system. Being covered by workers’ compensation insurance is the trade employees make for the right to sue their employer. Because of this, employees cannot sue their employer or co-workers after suffering a workplace injury. Workers’ compensation is generally intended to reimburse you for medical expenses and lost wages, and you are not entitled to benefits for pain and suffering. In situations covered by Workers’ compensation, the fault is irrelevant.
What Happens When I File a Workers’ Compensation Claim?
The workers’ compensation procedure starts with you submitting your claim. After that, you may be required to have an Independent Medical Exam (IME) done by a doctor chosen by the workers’ compensation insurer. Some states also require you to have an Impartial Exam. After this, there is a hearing to determine the following points:
- Whether the employee suffered a work-related injury
- If the employee had a prior injury or sustained a new injury
- The employee’s average weekly wage
- The extent of the employee’s disability
- The necessity of the employee’s medical treatment and if the insurance should pay for the medical costs
Knowing the right steps to take after a workplace injury can be tricky. You should consult a lawyer to decide the proper course of action. For more guidance, contact us today.