I’ve been injured at work – what do I do?

Here are four parts about what you can do if you are ever injured on the job. Have you been hurt at work? Please call us at 402-817-2717 or email us for a free consultation.

Part 1: Recordkeeping

Accidents at work come out of nowhere. They put extreme emotional and financial strain on the injured worker and his or her family. If you are injured, physically restricted, or have been terminated from your job due to a work injury, you should pursue potential worker’s compensation remedies available to you. While each case is different, the following tips may work for you! Here are some general steps you can take toward the successful pursuit of a worker’s compensation claim.

Step 1: Record the incident

Above all else, immediately report your accident or injury to your supervisor! If and when you have a work accident resulting in injury, immediately write down the particulars of the incident while they are still fresh in your mind. This should include the time, date, location and circumstances of the event and contact information for any persons who witnessed the accident. Your report of the accident forms the basis for your claim.

Step 2: Obtain your personnel file

As soon as possible, obtain a copy of your personnel file from your HR representative or your direct supervisor. Your personnel file – records of prior reprimands and commendations, information about pay raises, annual reviews, and other employment details – contains key information about your employment history. Keep a hard copy of all the formal developments in your employment, especially those pertaining to your accident.

Step 3: Keep all pay stubs and other records from your employer

Keep employee handbooks, check stubs, and any written information you receive from your employer. These records help to establish your wages at the time of your injury and your employment rights and liabilities. These records help define benefits to which you may be entitled if you are injured on the job.

Part 2 – Seeking Medical Treatment and Legal Assistance

Step 1: Get Medical Treatment

If your work injuries are significant and require medical care, obtain care as soon as possible. Be certain to make a record during your medical visit of all injuries you suffered in your accident. Advise your medical provider of the specifics of your accident: how it happened, when it happened, and why it happened.

Step 2: Follow Your Treatment Plan

Follow medical orders from your healthcare provider to treat your injuries. This includes taking medication prescribed, submitting to all recommended diagnostic testing, and following any “medical restrictions” imposed by your healthcare provider. Don’t assume that your injury will go away on its own without medical care.

Step 3: Seek Legal Assistance and Advice

If your injury is serious and likely to result in permanent impairment, set up an appointment with an accomplished workers’ compensation lawyer to discuss your claim. Virtually all WC lawyers will evaluate workers’ compensation claims and advise you of your rights in a no-cost and no-obligation case evaluation. More likely than not, you will receive invaluable information and advice in this visit.

Step 4: Hire A Lawyer

If your claim merits it, retain a workers’ compensation lawyer to represent you. Virtually all WC lawyers will handle WC cases on a “contingency-fee” basis, which means that the lawyer’s legal fee is based only on your recovery funds. If you win, you pay a fee. If you lose, no attorney fee is due. In choosing a qualified lawyer, always remember that some lawyers are better, and in some cases, much more experienced and capable, than others. The best lawyer will typically get the best recovery available on your claim and make the process easier for you.

Part 3 – Documenting Your Accident

Following a work-related injury, you should be proactive in creating documentation of your accident above and beyond the paperwork your employer is required to keep. You should approach your co-workers for witness reports and keep records of communications with your employer. The records you create will supplement the records you collected for Part 1 of this guide.

Step 1: Reach out to co-workers

Have your co-workers write out an accident report detailing what they saw. Your co-workers may have seen your accident and may be able to act as witnesses. Their reports should include any specific equipment you were working with, the area you were in, and what you were doing. Example: “Sam tripped on the doorstop at the east entrance to the warehouse and fell while carrying two boxes. He hit his right shoulder on the ground,” is better than, “Sam tripped and fell while carrying boxes.” The more specific witnesses can be, the better. Get personal contact information from anyone who you may need to call on later, as work contact information may change.

Step 2: Send follow-up emails to your supervisor

Create a record of any meetings you have with your supervisor by sending a follow-up email right after your meeting. Recap what you talked about and solicit a response. It is in your best interest to be professional and avoid argumentative language – the purpose of this communication is to serve as a record of your meeting with your supervisor, and it may be the only one. A good way to start a follow-up email is with the phrase, “This email is to confirm our meeting regarding…” An email summary of your meeting has the benefit of being easy to retrieve and, if you receive a response, confirmed by your supervisor.

Part 4 – Returning to Gainful Employment

So far in this step-by-step guide on what to do after you’ve been injured at work, we have gone over the recordkeeping you should do immediately following your accident, how to seek medical treatment, how to seek legal aid, and the ways in which you should reach out to bosses and coworkers. By this point, you have obtained a number of important personal and employment documents, sought out healthcare providers, and decided whether or not to hire a lawyer.

In Part 4, we will discuss the question of returning to work – when, how, and whether to do so.

Choosing Whether to Return to Work

There is no one-size-fits-all rule for returning to work. Everyone’s situation is different. The nature, extent, and permanency of your injuries will guide your decision.

The first question to ask yourself is whether you are able to return to work for which you have prior training or experience. The second question is whether returning to your old occupation will make your injuries worse. If the state of your health does not prevent you from working, in many cases it is a good idea to go back to work.

If you are unable to work or if returning to work will worsen your injury, you should explore vocational rehabilitation.

Vocational Rehabilitation

Once you have legally established that you are unable to perform suitable work for which you have previous training or experience, you may be entitled to vocational rehabilitation benefits under the Nebraska Workers’ Compensation Act. Vocational rehabilitation is a form of benefits for injured workers that is designed to help you to return to suitable employment while taking into consideration your injuries, restrictions, skills and education. Vocational rehabilitation is paid for by your employer or its insurance company and the Nebraska Workers’ Compensation Court. A vocational rehabilitation counselor will assist you in exploring the following options:

1. Return to previous job with same employer;
2. Modification of previous job with same employer;
3. New job with same employer;
4. New job with new employer;
5. Formal retraining – ranges from six months to four years, but typically involves a two-year associates degree.

No formal retraining will be approved by the Compensation Court unless all lower priorities have been determined to be unlikely to result in suitable job placement or return to work.

Serious Injury and Permanent Impairment

If you have reached maximum medical improvement but your work-related injuries pose permanent impairments, you are likely entitled to long-term benefits for these permanent injuries.

The attorneys at Atwood Law represent employees who have been seriously injured at work. Call 402-817-2717 or send us an email to request  a free consultation. We handle workers’ compensation claims throughout Nebraska and Iowa.