Many workers, after experiencing an injury on the job, immediately assume that workers’ comp is going to take care of everything. Workers’ comp insurance is certainly valuable and can be helpful for many people, but before you make any final decisions, it’s a good idea to talk to a lawyer.
Why is this the case? And how should you approach this?
Immediately After a Workplace Injury
Workplace injuries range from very mild to fatal. They can occur as a result of mishandling dangerous equipment, or happen as total freak accidents that no one could have reasonably predicted. No matter what, immediately after a workplace injury, you should:
- Get help. Your first priority is getting help, especially if you or someone else is seriously injured. Make sure everyone in the area is aware that an injury has occurred, then contact emergency services if necessary. Depending on the severity of the injury, you might be able to treat it with local first aid, or you may require more serious medical intervention. Either way, it’s important to visit a health care professional to look at the injury.
- Clear the area. It’s also important to clear the area, especially if the injury occurred as a result of a specific hazard in this area. Not only will this give the injured party more space, but it will also prevent further injury and harm. If there are any pieces of running equipment, shut them down. If there are any hazards, identify and remove them.
- Document everything you can. Next, document everything you can. With modern smartphones, there are many options for doing this, such as writing down notes, taking photos, taking videos, and even interviewing eyewitnesses. The more information you have about this accident, the better.
- Follow workplace protocols. Most workplaces have clear, strict protocols in place for what you should do following an employee injury. For example, you may be required to report the injury to an immediate supervisor, or you may be required to fill out a specific piece of paperwork for the company. Follow these protocols precisely, and make sure all the details are appropriately covered.
- Hold off on workers’ comp (for now). Workers’ comp insurance is designed to protect employees by compensating them for any injuries they sustained on the job, regardless of how those injuries occurred. Your employers are likely required to have this type of insurance by law, and they make premium payments to this policy regularly. In most cases, you can easily cash in on workers’ compensation. However, it may also be advantageous to pursue legal action if your injury was the result of someone else’s negligence; in this scenario, it may make more sense to waive workers’ comp.
Why a Lawyer Is So Important
It’s important to bring a lawyer into this discussion because there often isn’t a clear, correct answer for how to proceed. Depending on the circumstances and extent of your injury, the best course of action may or may not be taking legal action against your employer, or against other parties who were responsible for the injury.
Together, you and your lawyer can fully explore the nature of your case, examine the options in front of you, and ultimately decide the best course of action for your health and financial future. Because initial consultations with personal injury lawyers are usually free, there’s no real drawback to opening the conversation.
Choosing the Right Lawyer
Advancements in AI have led to significant leaps forward in the legal industry – but we’re not in the era of full-blown robot lawyers yet. You’ll need to settle for a human lawyer with genuine expertise if you want to maximize your results.
These are some easy ways to get started:
- Get a referral. Consider getting a referral for your lawyer. Do you know anyone, including friends of friends, who has had success with a personal injury lawyer in the past? Do you have any lawyer connections who can refer you to a specialist in this field?
- Conduct an online search. Failing a referral, conduct an online search. Very quickly, you should be able to generate multiple options for your needs – and begin doing your due diligence.
Some lawyers are going to be a better fit for you than others.
Look at:
- Expertise/focus. Look for someone with experience in personal injury law.
- Results and reputation. Happy clients and lucrative results are a good sign.
- Experience and resources. This firm should be ready and able to take on your case and give it the attention it deserves.
- Pricing. You should also be aware of prices and fees, though you probably won’t pay anything unless you win a settlement.
Finding a personal injury lawyer after your workplace injury shouldn’t take much time, but your initial conversation could be incredibly valuable. Just be sure to keep any and all evidence you can gather to make your lawyer’s job easier.