It’s a common misconception that workplace accidents only occur in a select few dangerous occupations; unfortunately, these accidents can happen to anyone at any time, regardless of occupation. Because employers are hesitant to discuss workplace injuries, many employees are left unprepared for and unsure of how to begin to pick up the pieces after being hurt on the job. Workers can help protect themselves and their loved ones by learning what to do after being injured at work to ensure an employer or insurance provider does not take advantage of them.
Post-Workplace Accident Checklist
The actions that an injured employee takes following their workplace accident are crucial not only in terms of their health and safety but also as far as how it affects them financially and emotionally. In Texas, a victim has a limited time period within which to act following their injury, which makes the decisions of an injured worker that much more important. We recommend that those injured on the job take the following steps after a workplace accident, provided they are physically able:
Seek Medical Attention
Immediately following any workplace accident, the employee involved should seek appropriate medical care. Employees may fail to receive proper medical treatment in a timely manner due to employer restrictions on which providers they can see. Workplace accidents can cause a surge of emotions, including adrenaline, which can mask the pain caused by serious injuries.
Additionally, an injured worker could suffer a severe injury like internal bleeding, of which they remain unaware. If you go home without getting checked out, you may find out later that you suffered an injury. This can make it difficult to prove that your injuries were caused by the at-work accident.
While this may not seem like a big deal, it can be a point of contention when the insurance companies begin to review your case or if it goes to trial. Proving your injuries happened at work is a crucial component of your case, so get checked out immediately following a workplace accident, even if you feel okay at the time.
File an Accident Report
After receiving proper medical treatment, the worker must report the incident to their employer. It is crucial to file an accident report or incident report with the employer or job site operator as soon as possible following an on-the-job accident. An accident report can serve as proof the incident that caused injury or death did, in fact occur should an employer later attempt to dodge responsibility.
By filing an accident report promptly, you ensure that proof of your accident has been recorded. Remember to retain a copy of the report filed for your records. It is a good idea to start a folder with important documents like these and to journal the interactions you have at work concerning the accident.
When submitting a workplace injury report, you will fill out a report form provided by the Occupational Safety and Health Administration (OSHA). The details reported are listed below:
- The events leading up to the injury
- Records of treatment and care received
- What you were doing when the accident took place
- If you suffered a re-injury, detail how it happened and when
Your employer may discourage you from filing a report with OSHA; but do it anyway, even if you are being pressured not to. Retain a copy of the report for your records; it may be necessary later. Share it with your work accident injury lawyer so they can keep it in a secure place.
Seek Legal Counsel
Hiring quality legal representation is recommended as soon as possible following a work accident so the victim’s rights are protected. Often, in the case of workplace accidents, large corporations and even larger insurance companies take advantage of injured employees. Fear of employer retaliation can also cause a victim to be shortchanged in financial compensation for their damages.
An experienced workplace accident attorney like John Flood has successfully advocated for workplace accident victims for years.
Following the decision to hire quality counsel, a victim should document as much about their accident and injuries as possible. Not only will this information be beneficial to map out a timeline in the workplace accident case, but it will also serve to document important information and details that can easily be forgotten by overwhelmed victims. Physically recording what the victim remembers about their job injury is an important step in the claims process and throughout the personal injury litigation.
Lastly, it is strongly recommended that workplace accident victims do not discuss their accident or related matters with anyone but their own lawyer. Victims must alert their attorney (and request their attorney be present) if they are being pressured to sign a document or to give a statement regarding their accident to anyone affiliated with an entity that could be held responsible for their injuries, including insurance providers and medical professionals.
We are here to ensure that your legal rights are protected, that deadlines are met, that evidence is properly preserved, to investigate the specifics of your case, to keep you apprised of your options, and to help you navigate the often challenging legal system as it applies to your rights.
Record the Details
Following the decision to hire quality counsel, a victim should document as much about their accident and injuries as possible. Not only will this information be beneficial to map out a timeline in the workplace accident case, but it will also serve to document important information and details that can easily be forgotten by overwhelmed victims. Physically recording what the victim remembers about their job injury is an important step in the claims process and throughout the litigation.
If there were witnesses to the work accident, note who was there and what was seen. If there are any workplace issues that could have caused the accident, note those as well. No detail is too small. Your workplace accident lawyer is trained to notice details that could be useful to prove who is liable if you were hurt on the job.
Keep to Yourself
Being careful about who you speak to can insulate you from problems that could arise later. If you do speak to anyone else about your injuries, note the time and dates and what was discussed. These could be important later.
Common Places That Corpus Christi Workplace Accidents Happen
Corpus Christi has a number of dangerous professions. Some of the more common fields of work where accidents typically happen are listed below:
- Oilfields
- Oil refineries
- Logging operations
- Commercial fishing
- Utility work, such as working as a lineperson
- Construction work
- Transportation jobs
- Warehouse work
Any job can pose a threat if due diligence is not practiced. Negligence can cause accidents in any area of work, though some are more dangerous than others by nature.
Know Your Rights
There are rights you should be aware of if you are hurt at work. At John Flood Trial Lawyers, we will make sure you understand your rights and that they are thoroughly protected. Listed here are some of the rights you should be aware of after an occupational injury.
Concerning Your Healthcare
There are some rights concerning your health that you should know. These are listed below:
- It is up to you to choose who you seek medical attention from. You are permitted to choose the healthcare professional you feel most comfortable seeing.
- If you are hurt, you are allowed to pursue medical care. Do not let anyone on your job discourage you from doing so. It is your right.
- It is within your rights to decide where you will go for medical tests, surgeries, procedures, treatments, or therapies. You choose the place and the individual who administers your care.
It is critical to your health and any insurance claim that may be filed later that you seek medical care. Even if your injuries seem minor, they may manifest into something more serious later. This cannot be stressed enough: see a doctor.
If your medical condition appears later or worsens because treatment is lacking, the insurance company may not cover your claim. They will do their best to pass the blame off to you rather than your employer or another responsible party from the jobsite.
Follow the Advice of Your Medical Team
Not only is it crucial that you seek medical attention, but you must also attend follow-up appointments and follow the instructions of your doctor. Some of the ways you should secure your claim by listening to the medical professionals in charge of your care are listed below:
- See a specialist on the advice of your doctor. Specialists will be able to detect problems or more details about your injuries and can treat you with more specialized protocols.
- Medical tests may be suggested, do not resist taking them. This can mean a treatment plan that is more specific to your case and can enable you to heal faster and more completely.
- Attend therapy if it is recommended by your medical team. By doing everything in your power to get better, your injuries will improve, and the insurance company and the court will understand that you have done your part to remedy your physical damages.
- Be diligent about wound care. If dressing requires changing or if there is any sign of infection, contact your doctor immediately.
- Even though you may be experiencing pressure to return to work, do not go back before your medical team signs off on your return. If you return before you are cleared, you risk aggravating your injuries.
- Attend all follow-up care appointments to allow yourself the best recovery possible. This will also prove to the court that any lasting damage you have sustained is not for lack of trying on your part to heal.
- You may improve drastically and feel that you are ready to return to normal activities, but this can lead to further damage. Follow the instructions of your medical team to the letter since your employer’s insurance company’s attorneys will dissect everything you do.
By following doctor’s orders, you minimize the risk of making your injuries worse. Your focus should be on your healing. By obeying the advice of your doctor, you stand less risk of suffering from continued health complications.
You are demonstrating that you care for your health and do your part to prioritize your health. Filing a claim and then heeding doctor’s orders will prove to the insurance company that you behaved in a way that did not cost them extra money.
Corpus Christi Workplace Injury Attorney
An experienced workplace accident attorney like John Flood has successfully advocated for Texas workplace accident victims for years.
Corpus Christi is home to thriving industrial, energy, and transportation industries that require a large staff. While this is great for Corpus Christi employers and their companies, it often comes at the expense of employee safety. Far too often, Corpus Christi workers are injured on the job due to unsafe working conditions and employer negligence. No employee should ever fear for their safety while at work. If you or a loved one was seriously injured or killed in a Corpus Christi workplace accident, contact experienced trial attorney John Flood today to discuss your case at no cost. Contact us or call (361) 654-8877 for a free initial case evaluation. There is limited time to act, so don’t delay.