Posted on Wednesday, July 13th, 2022 at 12:00 am
Workplace injuries and accidents are common, but knowing how to get help after an incident can be overwhelming. You may not know where to start or how to fight against a liable employer who may attempt to trick you into accepting less than you are entitled to.
Your rights as a worker are well-established, and if you follow the proper steps, you can ensure your right to wages and medical treatment while you recover. Read on to learn what you should do after an injury from your workplace injury attorney at Ramos James Law, PLLC.
Alert Your Supervisor
The first step to take after a workplace accident is to let your supervisor know you have been injured. Doing so will start the process of documenting that your injury was work-related.
Please remember that you must report the injury to your supervisor within 30 days of the injury. If the injury or illness does not become apparent until after 30 days, you will have 30 days from when you first realized this issue to report it. If you wait any longer, you can potentially lose out on your claim.
Many workplaces have workers’ compensation insurance, which is meant to cover injuries and illnesses that occur because of work or during it. Your employer will have the details on how to request workers’ compensation.
However, if your employer does NOT provide workers’ comp benefits or is being evasive, you have the right to seek out an Austin workplace injury lawyer.
Send in a DWC Form
The Division of Workers’ Compensation is the agency that handles workers’ compensation claims in Texas.
You must file a DWC Form-041 within a year of your injury. This form is fairly simple to fill out and should be sent in promptly via mail, fax, or online. This form helps protect your rights to medical care and compensation.
Seek Medical Care
You need to seek medical care for any workplace injury to help document your claim. Even if your injury does not require immediate medical care, you should still schedule an appointment as soon as possible with a doctor.
Before scheduling, however, you should speak with your employer to determine if you are required to visit a specific provider. If they do not, you are free to choose your own physician.
Additionally, be sure to ask if the workers’ compensation insurance is in network as you may need to pay for doctors outside of the network.
You can also seek a second opinion if you disagree with the initial assessment given.
For serious injuries that require immediate attention, head to the emergency room immediately. The costs for emergency medical services are typically covered by workmans’ compensation insurance. Life-threatening injuries are also covered.
Consult an Austin Work Injury Lawyer
You have the right to seek legal advice at any time during this process. Seeking legal guidance early on in the process will help ensure you have a strong claim. If you feel that your rights are being violated, you should seek out legal advice immediately.
Navigating an injury or illness is scary enough. Add in legal hurdles to clear and you may be tempted to skip it and pay for your treatment yourself.
But you don’t have to!
Having exceptional legal support will help ensure your rights are respected.