November 18, 2020
Workplace injuries are common. But they are not all the same. Some injuries are serious. Others may not seem serious at first, but they may become serious.
An employee who had their foot amputated due to a forklift accident is clearly a serious injury. What about a slip and fall resulting in a back strain? Is that serious? What if the employee had surgery six months later – now would you say the slip and fall was serious?
Immediately after you’ve suffered an incident at work, you should report the injury, document the incident (if possible), and seek immediate medical attention. If you have an injury that is serious or could become serious, call the attorneys at the Waldman Legal Group at 713-688-4878 to schedule your free consultation. We will take steps to ensure that your rights are protected and will fight for you. Don’t let yourself be taken advantage of. Call us now!
This article will guide you on how you should respond after an injury occurs.
What can I do to help myself after the injury?
- As soon as you are injured, stop and report your injury. Your employer should have instructed you how to report on-the-job injuries. Follow those instructions, and report your injury. If a written accident report is required, make sure that form is completed. Documentation is key!
- If possible, take photographs of the area where you were injured, and any equipment or conditions that caused your accident, and make a list of any witnesses to your accident or the conditions. These materials will assist us in obtaining an early understanding on how the incident occurred.
- Seek immediate medical care. Do not put off going to the doctor, and when you go, report all your symptoms – everything that feels different. Pain is not the only symptom of an injury!
Is my injury a serious one?
For some injuries, it’s easy to determine whether they are serious. The following examples are deemed serious:
- Injuries that result in death.
- Injuries that result in dismemberment.
- Injuries that result in significant disfigurement.
- Injuries that result in permanent loss of a body organ.
What about an employee that gets hit on head by a box of heavy supplies that fell from a nearby rack 24 feet high? The employee notices early signs of bruising and feels the sudden rush of pain, nothing else. At first, this may not seem like a serious injury. What if the next couple of days following the injury, the employee starts to experience frequent headaches, dizziness, nausea, a difficulty concentrating on simple tasks, memory loss, depression, anxiety, and has trouble going to sleep or staying awake? What seemed like a non-serious struck-by injury may turn out to be a traumatic brain injury, a serious injury.
If my injury seems minor early on, how can I determine if my injury will become serious or not? This will require a doctor’s expert medical opinion. Even if the injury seems minor, get checked out by a doctor immediately. Don’t delay! Your doctor will start documenting your injuries, your pain, and symptoms that you weren’t feeling before the injury.
Seeking proper medical attention enhances your health and helps document your injury. It is important that you complain to your doctor about all the problems you are having that you weren’t having before the injury.
If you put off seeking medical care, your employer may later claim you were not injured at work or that your injuries were not serious, when in fact, they were.
I went to the doctor and he reported that my injuries are serious, what do I do next?
Call us immediately! The attorneys at the Waldman Legal Group will fight for you to get the compensation you deserve for your work-related injuries. Don’t delay! Call our Houston office at 713-688-4878 and schedule your free consultation. We will investigate and start building your case.
Should I file a workers’ comp claim or a lawsuit against my employer?
Experiencing a workplace injury can create a lot of anxiety in your life. You may find yourself in a situation where you are not able to provide for your family because you’re unable to return to work. You may also be overwhelmed with questions about who’s going to pay for your medical bills and whether you will be paid for the time that you’re having to take off work. You are not alone.
If your employer carries the state-approved worker comp insurance, this will be your exclusive remedy for benefits, and you will not be able to sue your employer for work-related injuries. After you’ve sought medical attention, contact us immediately at 713-688-4878. We can help you navigate through the workers’ comp claim process.
If your employer does not have workers comp insurance, you can pursue compensation directly from your employer by filing a lawsuit against your employer. Filing a lawsuit against your employer for your injuries will not automatically grant you benefits. To be successful, you must prove that your employer was negligent.
If you don’t know whether your employer has worker comp coverage, we can research this for you and help you assess whether or not you may need to sue the employer if it was their negligence that caused your injury. Call us now! We are looking forward to serving you.
How to determine my employer’s liability for the work injury I suffered?
If your employer carries worker’s comp coverage, the workers’ comp insurance will generally pay benefits, regardless of who was at fault for the injuries, so long as the injuries were sustained within the course and scope of your employment. There are some exceptions. For example, if your injuries were the result of any of the following, you would be ineligible for workers comp benefits:
- You were engaging in horseplay.
- You were using illegal substances.
- You were intoxicated.
- You intentionally injured yourself.
Further, under these circumstances, you would not be able to show that your employer was negligent. If your employer does not have workers’ comp coverage, you can seek compensation directly from your employer by filing a lawsuit. However, you must prove that your employer was at least 1% at fault for your injuries. If you’re able to show that your employer was negligent by this small percent, you will be entitled to reasonable compensation for the injuries you suffered. The 1% threshold makes it is easy for employees to win, but remember: you must still prove the employer’s negligence.
Don’t wait and contact the Waldman Legal Group immediately at 713-688-4878. Don’t let yourself be taken advantage of. We will fight to protect your rights and obtain the compensation you deserve.