I Just Got Hurt at Work—What Do I Do Next?
Posted on by Colin Mahon
Getting hurt on the job can be a frightening experience. Besides the physical pain and trauma, you may have many questions: What should I do? Who should I tell? How will I get paid? Will my employer be upset if I file a claim? The process can be daunting, confusing, and overwhelming.
The Connecticut Legislature enacted workers’ compensation laws to protect employees who get injured on the job. These laws require nearly all employers to provide workers’ compensation benefits for injured workers. Most employers obtain insurance to cover themselves, while some larger companies are self-insured.
Workers’ compensation is a no-fault system, meaning employees are generally covered regardless of the cause of their injuries. With some limited exceptions, employees who get hurt at work are entitled to receive the full range of benefits under the Workers’ Compensation Act, including medical coverage, wage loss replacement, disfigurement awards, and compensation for permanent injuries. Before an employee can take advantage of these benefits, there are some simple but critical steps to follow after an injury:
Document the Accident
If possible, take photographs of the place where you were injured. Use your cell phone to snap some photos if it is safe to do so. Photos can help substantiate your claim and, if you have a potential personal injury case against a third party, they can help prove who was at fault and how the injury happened.
Notify Your Employer
Contact a supervisor and report the injury immediately, especially if it was unwitnessed. It is crucial to document the injury with your employer. Record the facts and details quickly, including where, when, and how it happened. The sooner you do this, the better. Delaying can make it harder to remember the details and may lead your employer to doubt your claim. In addition, if you fail to notify your employer in a timely manner, a judge has the discretion to reduce your workers’ compensation benefits.
Complete a First Report of Injury Form
When someone is hurt at work, the employee and employer should complete a First Report of Injury Form. This form provides basic information about the circumstances of the injury. While there is no specific deadline for completing this form, it is best to do so as soon as possible. The form is available on the Workers’ Compensation Commission website. Once this form is completed, the employer must submit it to the Commission office, which then sends basic information to the injured worker about pursuing a claim, if necessary.
Complete a Notice of Claim Form
For most types of workplace injuries, employees have up to one year to file a formal notice of claim. This is done by completing a Notice of Claim form (available on the Workers’ Compensation Commission website), which formally notifies the Commission and the employer of your intent to seek benefits through the workers’ compensation system. The Notice of Claim form is different from the First Report of Injury and is essential to complete and file. Failure to file it, with some limited exceptions, can render your case non-actionable. It must be mailed certified to the employer with a certified copy sent to the Commission District office where the injury occurred.
See a Doctor
Initially, you will see a doctor designated by your employer. After that, you can generally choose your own treating doctor. Most workers’ compensation insurers do not have a limited list of providers, so your options are varied. However, for some insurers who are part of an approved medical plan, you will need to choose a provider from a list of approved physicians.
Avoid Panicking
Workers’ compensation laws are designed to protect you. They ensure you receive prompt, reasonable, and necessary medical treatment, wage replacement benefits when you are out of work, and compensation for permanent injuries. They also prohibit employers from retaliating against you for asserting your rights as an injured worker. Stay calm and be confident in asserting your rights under the Workers’ Compensation Act.
Remembering these basic steps can help the process run more smoothly. Our team of experienced workers’ compensation attorneys can help you navigate this confusing and stressful landscape. We can assist with completing forms and arranging medical treatment. You’ve already been through enough—let us help you get through the workers’ compensation system and be by your side every step of the way. Reach out to us for a free consultation today.