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4 Steps To Take After Being Injured At Work

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injured at work

No one plans on getting injured at work. But when an injury occurs, all of a sudden, you need to know what to do. The steps that you take after a work injury are very important to not only your physical recovery, but also to making sure that you get the financial relief that you need to get your life back in order. Here are four steps to take after being injured at work:

1. Make an accident report

Your ability to recover after an accident may depend on making a report as soon as you can after an accident. If your case falls under workers compensation laws in your state, you may need to make an accident report within a very short time after the accident occurs in order to state your claim. You make your report directly to your employer. Your employer should have a form, and they should be able to help you with the procedures for how to file your report.

It’s not enough to make an oral report to a co-worker or a supervisor. A written report is what’s required in order to start the ball rolling with your claim. When you make the report, you should include the basics of your accident. You should include when, where and how the injury occurred. Don’t worry too much about getting every last bit of punctuation perfect and don’t stress too much over details. You just need to document that the accident occurred and give the basic information.

The time window for filing your report may be very short. The sooner you can get a report filed, the better. It’s important to be skeptical of any attempts to dissuade you or otherwise stop you from filing a written report. Your employer should be able to guide you through the process, and it should be quite simple to file your report. When you get your report filed, you’ve taken the first important step in ensuring that you get the compensation that you deserve for your injuries.

2. Get appropriate medical care

The next step to take after being injured at work is to get immediate medical care. You might need to call emergency services to take you to the hospital. If your injuries are severe, you may be incapacitated and rely on others to summon the care that you need. Whether you leave the scene in an ambulance or you’re able to travel to the doctor on your own, you need to seek medical care immediately.

There are several reasons that it’s critical to seek medical attention as soon as you can after you’re injured at work. First, seeking medical care may be critical to your health. You want to address your injuries so they don’t get worse. Knowing what you need to do in order to care for your injuries is critical to making sure that you begin to heal as soon as possible.

It’s important to follow your medical treatment plan. You don’t want your employer claiming that your injuries aren’t serious because you aren’t following your doctor’s recommendations. You also don’t want your employer to claim that the costs of your injury may have been lower if only you had followed your medical care plan. Following your treatment plan is critical to preserving your right to fair compensation for your work injury.

There’s another reason that it’s crucial to seek medical attention right away. A significant part of getting fair, financial compensation after a work injury is documenting exactly what your injuries are. Your injuries may be far more serious than you realize. You may not be able to appreciate exactly what your prognosis is without a full medical evaluation. Your medical treatment team can not only get to the bottom of your diagnosis, but they can also verify and document your injuries in case there are any disputes about them later on.

3. Take photos of the scene of the injury

Even though you’re not a professional investigator, there are things that you can do to gather the evidence that’s available at the scene of your injury. The more evidence you can gather, the stronger your claim is going to be right off the bat. One of the things that can help you get off to a great start when it comes to building your case after being injured at work is taking photos of the accident scene.

You don’t need to be a photographer to get helpful photos of the accident scene. Snapping photos up close and also of the overall scene can show machinery, slippery surfaces and other things that may have contributed to the accident. It’s always better to over-document than under-document, so don’t be shy about taking a lot of photos.

Even if you don’t know what’s the most important, having photographs of the scene can help you establish facts that are critical later on. Witnesses may not be honest, and they can be mistaken. If you have photographs, you have helpful proof of facts that may be critical to proving your claim.

4. Learn about workers compensation and negligence laws

The best way to ensure that you get the recovery that you deserve and find satisfaction in the recovery process is to educate yourself about the laws that apply to your case. Many work injuries fall under workers compensation law. Even though workers compensation laws generally compensate injured employees for their out of pocket losses after an accident at work, there are still steps to take in order to assert your claim and get a recovery that you deserve. The more that you know about the laws that apply, the more confidence that you can have that your case is moving in the right direction.

Wilson Ratledge can help you understand the law that applies to the case. Workers compensation laws may apply, but traditional negligence laws may also apply in some cases. We can advocate on your behalf, and can empower you to understand the law and know that it’s working on your behalf to arrive at the right result after an injury at work.

Taking the right steps after a work accident

An injury at work is a serious matter. You may not be able to return to work immediately, and you may have medical bills and other losses. When you know what to do after a work injury, you can take the right steps to get the compensation that you deserve. Seeking medical care, making the right reports, taking photographs of the scene and empowering yourself to learn about the law can help you recover physically and financially as you move forward after an injury at work.

North Carolina’s Response to the Opioid Crisis Continues to Build Steam

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As the nation struggles to deal with the staggering human and economic costs associated with the crises of opioid addiction and misuse, North Carolina is on the vanguard of the response.

The centerpiece of this effort is the Strengthen Opioid Misuse Prevention Act, more commonly referred to as the STOP Act.  Passed unanimously by both houses of the General Assembly on June 28, 2017 and signed into law by Governor Cooper on June 29, 2017, the STOP Act limits first time prescriptions for most opioids to no more than 5 days for acute pain, and 7 days for post-surgical pain.  It will require medical providers to check North Carolina’s Controlled Substance Reporting System database (CSRS) to confirm that the patient is not receiving inappropriate medications from other sources, and will require electronic prescriptions for such drugs by 2020.  The STOP Act also strengthens the CSRS, including provisions requiring pharmacies to report opioid transactions more quickly, and expands the availability of the opioid antagonist naloxone, in an effort to reduce the harm from opioid overdose.  But, recognizing the value of opioids in the correct settings, the STOP Act does not apply to medications administered in an inpatient setting, nor does it prevent follow up prescriptions for longer terms when medically appropriate.

In concert with the STOP Act, other efforts to confront the opioid crisis include the North Carolina Department of Health and Human Services’ Prescription Drug Abuse Advisory Committee, and the North Carolina Industrial Commission’s Opioid Task Force, which seeks to recommend rules and guidelines addressing the use of opioids in the context of workers’ compensation claims.

For more information on how North Carolina is addressing the opioid crisis, you may want to review the state’s Opioid Action Plan:  https://www.ncdhhs.gov/opioids

Select NC Industrial Commission Filings Now Require An Attorney

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As of Monday, September 18, 2017 the North Carolina Industrial Commission will no longer allow adjusters to file or respond to the below documents, as the North Carolina State Bar has determined that it constitutes the unlicensed practice of law.  Therefore, if you wish to file or respond to any of the below documents, an attorney will have to be retained in order to do so:

  • Form 24 Application to Terminate or Suspend Benefits
  • Motion to Compel Cooperation with Medical Treatment or Vocational Rehabilitation
  • Response to Form 23 Application to Reinstate Benefits
  • Response to Form 18M, Form 28U
  • Response to any Motions filed by Plaintiff or Plaintiff’s Attorney, including a Motion to Compel Medical Treatment, Motion to Compel Rule 607 or Discovery Responses, Motion to Compel Second Opinion.

Please contact any of our workers’ compensation attorneys if you have any questions.

NC Supreme Court Reaches Verdict In Wilkes v. City of Greenville

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On Friday, June 9, 2017, the North Carolina Supreme Court reached its decision in the Wilkes v. City of Greenville case, and the ramifications of the decision will have the most impact on workers’ compensation claims since the Reform Act of June 24, 2011.

At issue in the Wilkes case was the causation presumption. It has long been Defendants’ position that only the body parts specifically identified on a Form 60 or 63 are compensable, and it is Plaintiff’s burden of proving that other symptoms, conditions and/or injuries to other body parts are related to the original accident. The North Carolina Supreme Court in the Wilkes decision has struck down such an argument, holding that in admittedly compensable accidents, Plaintiffs are entitled to a rebuttable presumption that additional medical treatment for any symptoms, conditions or injuries is related to the work accident.

We encourage you to contact one of our attorneys to schedule a meeting or seminar to discuss the impact of the Wilkes decision on your current claims and your handling of future claims.

Kristine Prati Defends Appeal To Full Commission

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Kristine L. Prati of Wilson Ratledge successfully defended an appeal brought by the employee to the Full Commission requesting reinstatement of indemnity benefits. In the Opinion and Award filed on August 15, 2016, the Full Commission agreed with the prior ruling of the Deputy Commissioner and refused to award ongoing temporary total disability benefits as Plaintiff failed to prove that he was disabled.