Getting injured on the job can be overwhelming, but when an on the job injury does occur there are a few key steps that you should take to protect your rights and workers’ compensation benefits.
1. Report Your Injury To Your Employer.
Under most Workers’ Compensation statutes you must provide notice to your employer with information such as the time, location, and how the injury occurred. This can be done by informing your manager or supervisor of the injury and ask that a injury report be taken. If a injury report is not taken by your employer be sure to make a note of who you informed, when, and how. Verbal notice is often sufficient but if you believe your employer is trying to “brush it under the rug” it likely is already be to your benefit to find legal council so that notice may be provided to your employer in writing. This is so that they cannot deny knowledge of the injury in the future and attempt to utilize such as a defense to providing benefits.
It is critical that your employer be aware of the injury as notice is a requirement so that you may get proper medical treatment and any benefits owed to you under the Law.
Under the Alabama Workers’ Compensation Act you must notify your employer of the injury within 5 days, but written notice may be provided within 90 days of an injury. AL Code § 25-5-78
Under the Longshore and Harbor Workers Compensation Act notice must be provided to the employer within 30 days. 33 U.S. Code § 912 – Notice of injury or death
In an ideal world, one is immediately aware of their injury, immediately notifies their employer and is able to get proper medical care. However, in reality it is not uncommon for one to not immediately know they are injured or to understand the severity of their injury. We see this commonly in practice with back injuries caused by lifting. One my feel a sensation in their back but only hours later does it become apparent of “oh, hey, I’ve hurt myself… pretty bad…” It is in these instances that you should still inform your employer, ask to be seen by a doctor, or to seek legal council.
2. Get Immediate Medical Treatment.
Once you have informed your employer, you should ask where you are to go for medical treatment. In an event of a serious injury requiring immediate treatment you may be taken to the hospital. However, often times injuries do not require treatment at an emergency room. But, if you are required to go to, or be taken to, an emergency room the employer is liable for that necessary medical treatment associated with your injury.
If your injury does not require immediate treatment at an emergency room or being taken by ambulance then the exact steps may vary depending on what body of law applies to your workers compensation claim.
Under Alabama Law the Employer may choose the initial authorized treating physician and the injured worker must recieve treatment from this employer-selected physician. This means that the employer (or carrier) directs what clinic, doctor, or location you are to receive treatment. Failure to obtain treatment from the authorized treating physician may result in the employer escaping liability for medical bills. AL Code § 25-5-77
However, if the employer fails to direct or provide medical treatment then the injured worker may seek all necessary and reasonable medical treatment on their own and then assert those expenses against the employer.
You should affirmatively ask your employer where you need to go to get treatment after an on the job injury and seek legal council in navigating this situation.
Under the Longshore Act seeking treatment after an injury is initially similar to Alabama Law. If your injury requires immediate treatment, or transportation to the hospital, then one should proceed to the E.R. or closest treatment location. However, after initial emergency treatment the claimant may choose their own authorized treating physician. 33 U.S. Code § 907(b)
This choice of physician generally requires the injured worker, (the claimant), to affirmatively state to their employer who their choice of physician is. One thing to know however is that once a choice of physician is made it can be difficulty to change physicians. As such, one should be fully informed about the nature of their injury and who they are choosing as their treating physician. What we have seen in practice before is an employer (again, still under the Longshore Act,) asks the employee to “sign a form” right after the injury, when they are in pain or distressed their injury, and claim that this “form” needs to be filled out before they can get even emergency treatment. What the injured worker is often unaware of is that this form is a statement of “their choice of physician” when in reality, it is often a doctor that the employer is choosing.
In General: Navigating how to deal with workers compensation can be complicated and ripe with unknowns and pitfalls. This is why even if you aren’t sure if you have a claim, or even if you think the employer/carrier is doing everything right it is always advised to seek legal council. Workers Compensation insurance providers can not and do not provide legal guidance as to your rights for workers’ compensation. Give us a call and one of our attorneys can meet with you to discuss what should be done, can be done, and how we can, and are ready, to help.
Nothing presented here is legal advice nor should be interpreted as legal advice. One should seek legal council for guidance in navigating their situation.