You don't expect it. Never think about it. But it happens.
You get hurt on the job. And you can't work.
It's stressful. Who will pay for the time off? How will you find a doctor? Will your job still be there when you return?
But while you're laid up – sometimes before you even leave the job site - insurance companies and their lawyers are already on the job – trying to kill your comp case. Don't pull the trigger yourself.
WHAT IS WORKERS COMPENSATION?
Workers compensation laws were designed to help injured workers get through these difficult times. Basic protections originated in Germany in the 1800s. After a long, hard fight, workers in this country began getting basic protections in the early 1900s. Unions, of course, were instrumental in promoting workers rights.
Recently, though, workers compensation laws have become complex. In some cases, they protect insurance companies and big business - not injured workers. I tell all my clients workers compensation is about protecting your future rights.
Businesses are required by law to have workers compensation insurance. These insurance companies will pay the medical expenses and benefits for the injured workers of the businesses they insure. If the injured worker doesn't follow the law - doesn't tell a supervisor about the injury, doesn't file the proper forms in time, etc., or if the insurance company thinks the injury did not happen at work, or the injury is not related to work, it will deny the claim.
YOU GOT HURT. WHAT DO YOU DO?
If you're hurt at work, go see a doctor. If it's a bad injury – go to the hospital.
Sometimes insurance companies or employers will tell you you have to go to their doctor or clinic, or they have a doctor for you, or everyone who gets hurt goes to the same doctor. Don't believe it. If you get hurt in the District or Maryland, you can choose your own doctor. Get referrals from co-workers, clergy, friends and family.
You are entitled to the best medical care for your injury. Find a doctor who specializes in treating your type of injury. If you have carpal tunnel syndrome from using your hands, wrists or arms over and over, you may need a hand specialist. If you hurt your back lifting something at work, you may need an orthopaedist (sometimes called a "bone doctor") or spine specialist.
If you work in Virginia, the insurance company will give you a panel of physicians to choose from - usually 3 doctors in your area. Of course, if you are seriously injured, you are entitled to emergency medical care and treatment without approval from your employer or its insurance company.
WHAT ELSE DO YOU DO?
If you get hurt at work, tell a supervisor. If there is an accident or incident form, fill it out and give it to a supervisor or foreman. It is not enough to tell a co worker or someone with the same job as you. It has to be a supervisor or foreman. If you fill out an accident or incident form, be sure to date it and get a copy.
WHAT AM I DOING TO KILL MY CASE?
Workers compensation companies try to get a statement from the injured worker, which they record. They may tell you it is required to receive benefits, but it is not. Some insurance companies will use a statement to deny benefits on a technicality. The insurance adjuster and lawyers will try to manipulate your words and use them against you. Remember, they do this for a living and have been doing it for a long time. Never give a statement in any legal proceeding without your lawyer present. What you say can be used against you.
BUT I FILLED OUT THE PAPERWORK THE INSURANCE COMPANY GAVE ME.
Not good enough.
Every local jurisdiction - DC, VA and MD - has a government department or commission for workers compensation and the laws of all 3 require an injured worker to file a claim with the state or city within a certain period of time after the injury. For example, Virginia requires a claim form to be filed within 2 years of the injury.
D.C. has two forms – a notice and a claim form that need to be filed with the D.C. Office of Workers Compensation. At least one large employer in the District routinely gives its injured workersoneof the forms. Really looking out for you, huh?
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