Industrial accidents can include everything from being hit by a backhoe to slipping on oil slicks in a garage. What should you do after an industrial accident? Here are the steps you should take, no matter how serious or minor the accident seems.
Get Medical Care
Always seek medical care. Don’t dismiss that headache as nothing, because it could be a sign of a concussion. Don’t minimize pain in your wrist or back, because it could indicate a serious soft tissue injury. The longer the issue is untreated, the more likely it is to become disabling. This is why someone with a potential broken bone is put in a splint unless and until the doctor says nothing is broken. Don’t worry about the medical bills. If the injury is minor or severe, worker’s compensation and/or your employer should pay for it. They’ll also pay for any associated medical bills.
Create a Paper Trail
Get copies of your medical exam notes and maintain copies of your medical bills. You may need this information to be reimbursed via the worker’s compensation system, if you paid for it out of pocket or via health insurance. This includes emergency room visits, prescription medication, assistive devices, physical therapy sessions and doctor’s visits. Document unusual expenses you’ve incurred. You may be able to get reimbursed for over-the-counter pain relievers or paying for in-home care.
Was the injury due to a known hazard at work? If possible, take pictures of the work site that show this or have someone else do it. Ask others to save emails about the accident or unsafe work practices a manager pushed people to follow.
Follow Your Doctor’s Advice
Have you been told to rest in bed or take a prescription? Follow your doctor’s advice. Failure to do so can make things worse. It can also lead the worker’s comp system to end care, since it won’t lead to an improvement.
What if your employer is pushing you to return to work? Have the doctor write out a note explaining what work you can and cannot do. You can return to restricted duty. This means that you’re not allowed to perform tasks that put you at risk for a repeat injury or worsen your condition. For example, someone recovering from surgery may be allowed to answer the phones but not lift boxes in the warehouse. Do not be afraid a pay cut, because worker’s compensation will generally pay the difference between what you normally earn and what the current job normally pays.
Consult with an Attorney
There are a number of occasions where it is necessary to consult with an attorney. Worker’s compensation may not be paying the medical bills. Your employer may be pushing you to return to work. Or they may have fired you. The lawyer hiring process seems daunting. The solution is simple. Search for attorneys who specialize in worker’s compensation cases and helping victims, not corporations.
An attorney can help you file the necessary claims. They can fight for full reimbursement of your medical expenses. They can fight allegations that the accident was your fault or occurred away from work. Or they may simply help you get a second opinion confirming that the original diagnosis and treatment plan is appropriate.