Workers' comp 101: how an attorney can help you recover after a workplace accident

This article was written for our sponsor, Whitley Law Firm.

You've been injured on the job. Now what?

No matter the severity of your injury, workers' compensation can help cover medical bills and wages lost due to your injury, as long as you file a claim within the appropriate amount of time and with sufficient information.

In order to be eligible for a claim, your injury will need to fall under one or more specific circumstances, including: injury by accident, a specific traumatic injury or an occupational illness or disease. If you're hospitalized, miss work, need surgery, have a head injury or lose consciousness due to your injury, then your injury is serious enough for a claim.

Workers should ensure they understand the rules of workers' compensation and who they should report their injury to so that they don't disqualify themselves for a claim.

"When you're injured on the job, you need information. In some instances the only source of information on an accident is from the adjuster, who works for the insurance company. They're under no legal obligation to answer questions or explain the benefits that you're entitled to," said Ben Whitley, partner at Whitley Law Firm. "When you're hurt on the job, it doesn't matter who was responsible — you should make a claim regardless. In being proactive, you can protect the benefits that you're legally entitled to."

First, a worker should report the incident in writing to their supervisor. Many times, there is a statutory requirement for workers to do so. This written notice should include information like the name of the employee and employer, the date of the injury and details on what happened.

This recorded information can help prove the legitimacy of the claim further down the road. Once an injured worker has given notice to their employer, then an insurance adjuster will be assigned to the claim and investigate. They will be responsible for handling benefits and closing out the case.

A worker should also seek out proper medical treatment — both for their own health and for documentation related to their claim.

"Oftentimes, these claims are documented and verified through the medical treatment that was received. Talk to your manager or employer about where you should receive this medical treatment. If they don't get back to you quickly enough, however, it's important to go on your own in order to collect those documented medical records," said Whitley. "Explain to your medical professional exactly how your injury happened, the fact that it happened while on the job and what type of pain you're experiencing. If there's no mention of the injury or how it happened in the initial medical record, then there could be grounds for denying the claim."

Injured workers are entitled to medical care for their injuries through workers' compensation, although they will need to receive that care through a physician that's been approved through their workplace. This benefit includes the cost of prescription drugs, visits to a doctor, transportation to and from appointments and anything else related to medical treatment for this injury.

While workers are receiving this care and are out of work, they're also entitled to wage replacement during that time. In order to receive that benefit, workers must be taken out of the workplace completely or be under medical restrictions that affect their ability to do their job as usual.

Additionally, pain and suffering can also entitle a worker to further compensation. If an individual still hasn't recovered after being released from medical care, they're entitled to a lump sum amount due to permanent injury.

Since the claim process can be long and complicated, working with a qualified attorney can help workers get the benefits they deserve.

"Insurance adjusters may tell you not to work with a legal professional, because they'll take all the money you receive. In reality, insurance statistics indicate that individuals who use attorneys to handle claims generally recover two to three-and-a-half times more money than those who don't," said Whitley. "You won't know how much your claim is worth until you've totaled all of the elements in play, and that likely won't happen until you've completed your treatment. Working with an attorney can give you a better idea of what that timeline looks like, as well as the peace of mind that a professional is helping speed it up as much as possible."

This article was written for our sponsor, Whitley Law Firm.