Injured at Work? Lawyers Share Important Next Steps

When you’re hurt while on the job, you have rights. Workers’ compensation and a third-party lawsuit could offer the resources you need for your recovery. But your actions could jeopardize this compensation. Therefore, if you’ve been injured at work, lawyers recommend you take certain steps to protect your rights.

Understanding Your Rights After a Workplace Injury

Your rights after an on-the-job injury come from two sources. Virginia requires all private businesses with three or more employees to buy workers’ compensation insurance. You can file a workers’ comp claim after an injury in the course and scope of your job duties.

You can file this claim regardless of the fault for your injury. Specifically, you do not need to prove your employer was negligent to win. As long as you do not fall into a few narrow exceptions, that include injuries from willful misconduct and safety rule violations, the insurer should provide benefits for your work-related injury.

In exchange for these guaranteed benefits, the workers’ compensation system gives employers immunity from employee injury lawsuits. This “exclusive remedy” provision does not include any person or business other than your employer.

In other words, you can sue these third parties if they negligently or wrongfully contributed to the cause of your injuries. Thus, you may have the right to file a third-party lawsuit in the following scenarios:

• A driver hits you while you are making deliveries
• Homeowners fail to restrain their dog while you are mowing their lawn
• A manufacturer produces a defective helmet that fails when a box falls on you

You must prove the same elements to win these claims, whether your injury occurred while working or not. This means you would need to prove the same elements of negligence if a car accident happened at work as you would if it occurred on your own time.

Workers’ compensation and third-party lawsuits have complex procedures and rules. A mistake can jeopardize your ability to recover compensation. Injured-at-work lawyers recommend taking the following steps after a work-related injury:

Report the Injury

You may need to report your injury to several parties, including:

• Your supervisor
• The police if your injury happened in a motor vehicle collision
• The owner of the property where your injury occurred
• The Virginia Workers’ Compensation Commission

By reporting your injury, you place these entities on notice of your claim.

Seek Medical Attention

Seeking appropriate medical attention for your injuries will accomplish several goals:

• Diagnosing your injuries, including hidden injuries like a concussion
• Determining a treatment plan
• Documenting your injuries in your medical records

Your employer’s workers’ comp insurer should pay for emergency treatment at any emergency room or hospital. However, your employer can limit the providers you see after your condition stabilizes.They will provide a panel of at least three doctors for you to choose from, and the chosen doctor will become your authorized treating physician.

Document Everything

You may need evidence to prove your workers’ comp or third-party claim, including the following:

• Photos and videos of the accident scene
• Witness statements from co-workers
• Physical evidence, such as broken tools or safety equipment
• Medical records
• Doctor’s bills
• Wage records

You will use this information to prove your injuries and the losses you incurred.

Notify Your Employer

You must notify your employer of your injury within 30 days. If you fail to do so, you risk losing your right to pursue a workers’ comp claim.

You do not need to notify your employer in person. An email, phone call, or text message from the emergency room will do. Similarly, there’s no need to provide a personal notification. A relative, co-worker, or medical provider can notify your employer.

Finally, your employer may have received constructive notice of your injury. This usually happens when a supervisor sees your accident or helps with the response.

Talk to a Workers’ Compensation Attorney

A workers’ comp attorney has experience dealing with workers’ comp procedures. They can advise you on your rights. Injured-at-work lawyers can also represent you if you need to request a hearing or file an appeal after a claim denial.

Frequently Asked Questions About Work Injuries

Here are some answers to questions people ask about work-related injuries:

Who Should Be Notified When an Injury Occurs in the Workplace?

You or a co-worker should first deal with any immediate medical needs. If you require paramedics, call 911. You should notify your employer after addressing any urgent health concerns.

Finally, you should notify the Virginia Workers’ Compensation Commission of your claim. You have up to 30 days to report to your employer and up to two years to inform the commission.

What Is the Employer's Responsibility When a Worker Is Injured?

Your employer should notify its worker’s compensation insurer after you report an injury. The insurer should reach out to you to start your claim.

What Evidence Should I Collect After My Injury?

For a workers’ comp claim, you must show your injury happened in the course and scope of your duties. Gather evidence demonstrating what you were doing and how your injury occurred. You may need photos and videos of the scene.

For a third-party claim, you must show how the other party caused your injury. You may need witness statements and physical evidence, such as the broken equipment that caused your accident.

Discuss the Next Steps for Your Claim With a Workers’ Compensation Lawyer

Whether you just started your claim or have already received a claim denial, a workers’ comp lawyer can advise you about your options. In many cases, you can seek a review of adverse actions through hearings and appeals. Understanding the requirements and timeframes will help you avoid abandoning your claim.

Many workers do not realize that they could pursue a third-party lawsuit in addition to workers’ compensation. An experienced lawyer can review your injuries and determine whether you have a claim against parties other than your employer. Contact Commonwealth Law Group to discuss your work-related injury and how we can help you.