Know the right steps to take to report your injury and get workers compensation
In the event of a workplace injury, you need to know the right steps to protect yourself and to get workplace injury compensation. Here is what to do after a workplace injury:
- Get first aid/medical help immediately.
- Promptly notify your supervisor with as many details as possible about the injury.
- Fill out a claim for workers compensation in writing and provide it to your employer.
- Settle disputes with the help of a Montana workers comp lawyer
1. Get First Aid/Medical Help Immediately
After a workplace injury, your first step is to get prompt medical attention. You do not want to risk your injury getting worse. Even if you are not sure how injured you are, you should see a doctor. If your condition worsens over time you will want the medical record as proof that your injury occurred and that it occurred at work. Obtaining prompt medical care that demonstrates the injury occurred at work is critical evidence if the work comp insurer attempts to later deny coverage for your claim.
2. Notify Your Supervisor
After a workplace injury, you only have 30 days to notify your supervisor. You can do this verbally, but it always good to also do so in writing, preferably by email. You should give notice of all injuries, even if you do not seek medical treatment or miss time from work. The sooner you provide notice, the better. This is because you need to provide your supervisor with as many details as possible. If there will be a delay before you can contact the supervisor, write down as many details as you can so they will not be forgotten when you file.
Be sure to make a copy of your written notice of workplace injury. Even if you believe you have recovered, problems may resurface in the coming days, weeks, or months. Your workers compensation lawyer will use your report as evidence should you need to file a lawsuit.
3. Fill Out A Claim For Workers Compensation
In Montana, workers comp insurance provides medical and wage-loss benefits for workplace injuries and illnesses, without regard to fault. To receive workers compensation, you do need to fill out a claim.
All on-the-job injuries should be reported as soon as possible. A First Report of Injury (FROI) document must be written, signed, and submitted within 12 months of the injury or illness. This form is submitted to your workplace compensation insurer or the Department of Labor and Industry.
Within 30 days of receiving a signed FROI, the insurer must decide to accept or deny the claim.
Find the FROI forms and instructions on the Montana government website.
4. Is There A Dispute? Find A Montana Workers Comp Lawyer
In the event that your claim is disputed, you will need to find a Montana workers comp lawyer who can ensure you are receiving all the benefits to which you are entitled. A workplace injury lawyer can make the difference between having a claim rejected and getting the compensation you need.
5. Can Injured Workers Pursue Claims Beyond Workers Comp?
Some injured workers may be entitled to assert a work comp claim under their employer’s work comp policy as well as a third-party tort claim. These tort claims provide compensation for a broader set of damages and can be asserted when a third-party, such as a general contractor, negligently creates an unsafe place to work that causes your injury or the manufacturer of a defective product.
In a recent case, the Montana law firm, Hoyt & Blewett PLLC, represented a brain-injured logger who was injured while delivering logs to a paper mill and obtained a $3.98 million verdict for this workplace injury claim. Don’t risk missing out on the compensation you deserve. If you believe you may have a case, request a free consultation from Hoyt & Blewett PLLC personal injury and workers comp lawyers today.