Any job can come with a measure of risk, although most are relatively low. However, even in a so-called safe profession, injuries and even death can occur. An employee who is hurt through no fault of their own should be cared for by the employer’s workers’ compensation insurance carrier. While this may provide some help, it is not always enough, especially when the injury is severe or permanent. Take a look at the typical way things occur after a worker gets hurt while on the clock.
Getting a Doctor’s Diagnosis
After a work incident, whether on a hazardous site or in an office, the employee should seek medical care. Even if the incident did not seem serious enough to warrant a doctor’s exam, it is an essential part of the workers’ compensation process. A doctor’s report is required when filing a claim and getting compensation. A minor injury, especially one that happens in a higher risk situation, can spell significant trouble if it is not discovered and treated right away.
Reporting the Injury
Making an official report to the company’s representative is the next step in a workers’ compensation claim. During this, the employee will answer basic questions and provide the doctor’s report and diagnosis. If there is further treatment recommended, the insurance carrier may pay the provider directly. There is an investigation that the carrier conducts to ensure that the claim is legitimate. Witness names should be provided to help expedite the process.
Once the investigation is complete, and the injury ruled work-related, the carrier may pay out benefits. In a hazardous work environment, the investigation may take longer. The insurer may want to ensure that the worker took all required safety protocols seriously. If the injury happened because the injured party ignored these safety rules, benefits might not pay at the full rate or at all. However, there is another way an employee may get the compensation needed.
Personal Injury Claim
A personal injury claim is a civil court action. In it, the injured worker may directly sue their employer for compensation. A personal injury claim must prove that the employer was negligent in the way the business was run. For instance, if there was a dangerous condition present that the company did not rectify before the accident, then the owner is negligent and responsible for the injury. Thus, a worker may receive financial help for their losses.
A personal injury claim can help when the workers’ compensation process is not enough. Talk to an experienced personal injury lawyer in Atlanta, GA, like the attorneys at Tillman & Associates to get more information about the right steps for your situation.