What to Do After an Employee Is Injured at Work
In Kansas, it’s important for both workers and employers to know what to do after an employee is injured at work. For employers, following certain protocols can keep them in compliance with state and federal work injury laws. If you are an employee, though, taking the right steps after a work injury can not only ensure you receive the medical treatment you need but also help you obtain the compensation you deserve.
Have you or someone you care about been injured at work? Our skilled work injury attorneys can help you determine your next steps. Contact Palmer Law Group to schedule a free consultation today.
Medical Attention
When you suffer an injury at the workplace, you will want to first seek medical attention. Even if you believe your injury is not serious, it’s essential to have a healthcare professional evaluate you, as not all injuries are immediately apparent. Doing so can also help establish a medical record of your injury, which may be crucial in a future claim.
Many workplaces have first-aid kits, which may allow for the stabilization of an injury. However, a first-aid kit may not be enough. Treatment and care from a qualified medical professional are typically what accident victims should seek.
Incident Report
After an accident, the incident should be reported to the employer as soon as possible. In most cases, employees must report an incident to their employer within 20 days of its occurrence in Kansas.
This reporting requirement serves a few key purposes. For example, it serves to generate an official record of the incident at your workplace, which is necessary to prove when an accident happened. In other words, reporting the accident establishes both the fact that an accident took place as well as the details of when, where, and how.
Reporting the accident also allows you to protect your rights. Failure to report an accident to an employer can result in a loss of your workers’ comp benefits. The Kansas Department of Labor Workers’ Comp division can deny claims that are not reported to employers in a timely manner.
Keep in mind that when filing an incident report, the statements you make may later be used to help determine which benefits you are entitled to. Hence, it is essential not to include statements that could damage your claim, such as any admissions of fault or apologies. An attorney can guide you on what not to include in your report.
Evidence Gathering
Evidence is crucial to a successful compensation claim, be it workers’ comp or a personal injury claim. If you are able, try to gather evidence related to your accident while the accident scene is fresh.
Useful evidence in work injury cases might include:
Photos or video footage of the accident or accident scene
Witness statements
Company safety literature, such as manuals and fliers
Work schedule information.
In all cases, the safety of the injured employee is the priority. Never compromise your safety to gather evidence.
Palmer Law Group has provided relentless and effective representation for Kansas work injury victims since its founding in January of 1980.
Attorney Consultation
A consultation with a personal injury attorney is vital for any worker who has sustained injuries, especially if your injury is moderate to severe. Unfortunately, numerous work injury victims take on their employers and their employers’ insurance companies alone, without the aid of experienced counsel. This usually results in the client’s receiving far less compensation than they were entitled to, and one reason for this is that a worker may not be aware of the availability of a third-party claim.
Third-Party Claims
When you consult with an attorney, the attorney can identify any potential third-party claims available to you. A third-party claim in the work context is a claim against a party who is not part of the workplace, such as a product maker or a delivery person from another business.
If you are injured by a third party, you may be able to seek full compensation for your losses from that third party. For example, if a delivery driver from Company A makes a drunken delivery to Company B and hurts a worker from Company B, the injured worker can file a third-party lawsuit against the drunk driver as well as against the drunk driver’s employer.
Many work injury victims are not aware of third-party actions for compensation and leave substantial compensation on the table as a result.
Worker Injury Compensation
Generally, most worker injury cases in Kansas are compensated by way of workers’ compensation. Workers’ comp provides limited benefits to cover some of an injured worker’s economic losses, such as:
A portion of lost income
Medical bills
A portion of accident-related expenses.
As you can see, only economic losses are taken into account with workers’ comp. However, injuries typically involve more than economic harm, causing intangible losses that can affect workers just as deeply. The problem is that compensation for non-economic losses is not available in workers’ comp claims. Instead, you can pursue this compensation through a third-party claim.
This means that victims pursuing third-party claims are entitled to compensation for:
Lost wages and expenses
Pain and suffering
Loss of enjoyment of life
Emotional distress and mental anguish.
Ultimately, recovering a proper amount of compensation for a work injury begins with understanding just what compensation is available. Work injury attorneys are well aware of the full range of benefits and compensation their clients deserve and can pursue what is owed vigorously.
You have only a limited amount of time to act after you are injured at work, though. In Kansas, the statute of limitations for workers’ comp claims is three years, while personal injury claims must be filed within two years. Your attorney can ensure you don’t miss any relevant deadlines.
Seeking Effective Work Injury Representation Is Critical
Injuries can happen in any workplace. Knowing what to do after getting injured at work can help you safeguard both your health and your future. In any case, seeking the guidance of an experienced work injury lawyer is essential. With the right legal professional in your corner, you can give your claim the best chance of success.
At Palmer Law Group, we have recovered over $100 million in compensation for our clients. Find out how we can help you with your work injury claim by calling today.