In 2020, private industry employers reported 2.7 million nonfatal workplace injuries and illnesses.
Although some industries are more prone to accidents than others, a work injury can happen anywhere. But how do you know if you have a workplace injury case?
There are basic requirements you must meet to file a workers’ compensation claim. If you meet these requirements, then you must also take some steps to ensure you’re fairly compensated.
Read about all of that and more in this quick guide to getting injured at work.
Do You Have a Workplace Injury Case?
To be eligible for workers’ compensation when you’re injured at work, there are three basic requirements that must be met.
First, your employer must have workers’ compensation insurance. Whether or not they’re required to have this insurance depends on factors such as the size of the company. These factors vary from state to state.
Second, you have to be employed by the company. This includes full-time and part-time workers as well as seasonal and temporary employees. If you’re a domestic worker, a farm labourer, or an undocumented worker, you may not qualify.
The final basic requirement is that you were injured while performing job-related duties. This final requirement can get complicated, so we’ll explore it in more detail next.
What Kind of Work Injury Qualifies?
It’s not always easy to prove that your injury took place while performing the duties of your job. For example, if you were injured off the worksite while performing an aspect of your job, this may be difficult to prove. Similarly, employees who sustain injuries in a motor vehicle accident are compensated if they were engaged in work-related business, but not if they were commuting to the job site.
With that said, a good lawyer can help you demonstrate how your injury occurred while performing the duties of your job. Here’s more info on determining the value of your injury.
What to Do When You’re Injured at Work
The first thing to do when you’re injured at work is to notify your manager or supervisor. In many cases, not reporting the accident and injury can result in you forfeiting your right to a workers’ compensation claim.
Your supervisor should then record the accident in an accident recording book. Do not let the accident go without official reporting. Your employer must also notify their insurance provider and file a claim with workers’ compensation.
You might consider taking photos and videos of the accident. At the same time, you should be documenting any medical visits and keeping all of your receipts for any medical or related expenses. This documentation will be crucial during the claims process.
All the Law Advice You Need
A work injury can result in overwhelming medical bills and lost wages, at the very least. But when you’re injured while performing the duties of your job, you’re typically entitled to compensation. To give you your best shot at receiving that compensation, be sure to report the accident, have it recorded, and document your injuries.
And for more law advice, have a look through our extensive Law blog.