Q&A

What does an employer say about a work injury?

What does an employer say about a work injury?

The employer’s insurance company will use this information against your claim by saying that your injury was a pre-existing condition, rather than the result of the current work injury. This is referred to as a Major Contributing Cause (MCC) and it is a common objection.

When to file a work related injury claim?

Before you file a claim for workers’ compensation or seek other employer-provided relief, make sure your injury truly is work-related, which generally means it happened while you were doing your work duties or something else on behalf of your employer.

How to write a work injury report for free?

Don’t let this happen to you. From writing a letter reporting your work injury to getting the appropriate medical treatment and disability payments authorized to representing you at trial before a judge, I’m ready to help. Call 804-251-1620 or 757-810-5614 for a free consultation.

Can a company dismiss you for an injury at work claim?

Employment laws protect employees so, generally, if you have worked somewhere long enough to be covered by the law, your employer cannot dismiss you just because you made an injury at work claim. In fact, to treat someone differently because they were involved in a legal case is against the law.

When did an employee have a work related injury?

An employee injured a knee performing work-related activities in 2001. The accident was OSHA recordable and subject to worker’s compensation. The employee had arthroscopic knee surgery eleven months later and was released to full duty a month and a half after the arthroscopic surgery.

What should I do if I am injured at work?

What should I do if I am injured at work? The most important thing for employees to know is that any time you are injured on the job, you should report the injury immediately to a supervisor, in writing if possible. Some states require that notice to the employer be made in writing, while others allow a verbal notice.

What do you need to know about the employee report of injury form?

Employee’s Report of Injury Form Instructions: Employees shall use this form to report all work related injuries, illnesses, or “near miss” events (which could have caused an injury or illness) – no matter how minor. This helps us to identify and correct hazards before they cause serious injuries.

When are employees compensated when injured while violating?

Compensation is also reduced if the injury is caused by the employee’s failure to obey a reasonable safety rule adopted and enforced by the employer where notice is given.

Can a work place injury claim be handled by your insurance carrier?

In the event that the position offered by your employer pays less than 80% of your pre-injury income, you are entitled to a wage loss benefit by your insurance carrier. The fifth big mistake made by work-place injury sufferers is thinking they can handle the case on their own without legal representation.

What are the common mistakes made after a job injury?

Many people do not prepare for such thing, which is understandable, but this can lead to mistakes. When someone suffers a job injury, they need to know what to do, and also what not to do. The most common mistakes can often end up greatly decreasing the potential settlement and/or benefits someone may receive.

When to report an injury to an employer in Florida?

In the state of Florida, worker’s compensation laws require that an injured employee report any accident involving injury within 30 days to their employer or supervisor. In the event that the injury is the result of an occupational disease, the employee has 90 days from the first sign of illness.

What to do if you get injured on the job?

One should schedule doctors’ appointments, physical therapy, including all tests pertaining to the injury, during your normal working hours. The reason for this is that you got injured on the job and you should not lose your off time or your days off to your doctors’ appointments or physical therapy.

What happens when you come back to work after a work injury?

There’s nothing in the workers compensation law that protects your employment status. If you come back to work, you are not guaranteed a specific job or rate of pay. You will be entitled to differential wage loss benefits if your work injury prevents you from earning full, pre-injury wages.

The employer’s insurance company will use this information against your claim by saying that your injury was a pre-existing condition, rather than the result of the current work injury. This is referred to as a Major Contributing Cause (MCC) and it is a common objection.

What happens if I get hurt at work?

A. If you are hurt at work, you get workers compensation benefits regardless of fault. You are entitled to lost wages, unlimited medical treatment, and vocational rehabilitation. You are not guaranteed to keep your job or to have future employment.