To avoid risks to your career, you need to be aware of the precise actions you should take in the event you are injured at work.
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What should I do when I get injured at work?
The first and most crucial thing you (as an employee) should do after suffering an injury is to notify your supervisor, preferably in writing. However, in a critical situation where you need medical attention first, seek medical attention. But, you must also act quickly to avoid losing your legal rights or experiencing a delay in receiving your compensation.
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If I get Injured or Sick at Work, Should I Be Treated by the Company’s Doctor, or Should I Use My Own Doctor?
The Federal Employees’ Compensation Act (FECA) permits federal employees to choose any certified physician for their medical care. For non-federal employees, state law will apply. Some states also respect workers’ right to use their doctor. Meanwhile, many ask employees to use their company’s doctor for some time before consulting personal physicians.
Under FECA, there will be no issue with your doctor’s medical report unless your employer requests a second opinion examination. If the second opinion doctor’s report tallies with yours, there won’t be any problem. However, they may modify the compensation if your employer’s doctor (second opinion doctor) trivializes your injury.
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How Do I Make a Workers’ Compensation Claim?
The first step is to notify your employer so that they can give you a compensation claim form. If they fail to provide you with the form, you should contact your state Workers’ Compensation Office for one. Fill out the appropriate section for the employee and keep a copy. Return the original to your employer to fill out as the employer.
You should also get a copy of the completed form from your employer and keep a copy. Your employer will forward the completed form to the appropriate compensation insurance company. Within fourteen (14) days after the submission, you should receive a status letter from the insurance company. If you don’t, you should call the insurance company for clarification.
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What if My Employer Lacks Workers’ Compensation Insurance?
The law of the United States requires independent contractors and employers to have workers’ compensation insurance. If your employer claims not to have, do not worry. Your State likely has a fund that caters to workers’ compensation benefits. However, you should contact a lawyer to sue for negligence or call your State’s workers’ compensation office or labor department.
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Do I Need a Lawyer to Be Able to Receive My Compensation?
“The complexity of your case will determine whether you need a lawyer. If your employer cooperates and the issue does not blow out of proportion, you may not need a lawyer. Otherwise, be sure to contact a lawyer who understands workers’ compensation,” says attorney Ronald F. Wittmeyer, Jr. of the Law Offices of R.F. Wittmeyer.
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What if I am not pleased With How They Resolved My Claim?
As a federal employee, you may appeal if you disagree with the final outcome of the Office of Workers’ Compensation Programs (OWCP). You can also request a reconsideration of a decision by writing the District Office or Employees’ Compensation Appeals Board (ECAB) or taking the case to court in the judicial system.
Even if you are not a federal worker, most state laws on workers’ compensation give a similar appeal process.
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What are the rules and regulations about employees’ compensation in my jurisdiction?
Every State has different rules, guidelines, and deadlines provided by their workers’ compensation law. For comprehensive information about what to do in your State, you need to read about filing a workers’ compensation claim.