The Importance of Documenting Workers’ Comp Cases

It’s 4:00 AM. You pull on your work clothes, climb in your truck and head off to work, bringing a lunch pail packed for a long day working on the local construction site. While it seems like any other day, there is actually a lot of danger introduced by simply arriving at a work site and beginning work. Sadly, OSHA reports that each day some 13 construction workers are killed due to work related accidents. Many times more are injured each day. It’s important for both the employer and the employee to know what steps to take when an injury occurs.

What to Do When You’re Injured

If the worst happens and you are injured at work, the most important thing is to get first aid or other necessary medical treatment. However, if your injury doesn’t require immediate medical attention you should probably get it documented first. Either right away, or as soon as possible after medical attention, report the injury to a supervisor. Some states will actually require a written notice, while a verbal notice suffices for the rest. To be safe, any on-the-job injury should be submitted to a supervisor in written format. Your state might have a short filing timeframe (statute of limitations), so make sure to file immediately. You run the risk of losing legal rights to receive workers compensation benefits if you do not. Finally, follow your doctor’s instructions, participate in an independent medical examination if needed, and try to get back to work as soon as possible.

What to Do When Your Employee is Injured

If your employee is injured, first ensure immediate and sufficient medical attention is provided. This is paramount to protecting your employees and yourself. If it comes to calling an ambulance, it’s always better to be safe than sorry. Encourage your employee to get medical care as soon as possible. Next, take care of your obligations as the employer. It’s your responsibility to provide them with a claim form once you’ve been informed of the accident. You then need to report the injury to the workers compensation insurance company. Be sure to gather the facts and keep a record. Do this immediately. Interview the injured party and any witnesses of the incident, take photographs, save video footage, etc. Next complete the “Employer’s Report of Accident” to complete the documentation. This is especially important if there is doubt the truth of the employee’s claim.

Stay On Top of the Claim

In the coming weeks, both the employee and the employer should be sure to stay appraised of the status of the claim. It can take up to 90 days for the claim to be denied or accepted by the claims administrator. This can be quite a lengthy process and both parties should keep each other updated on paperwork, including the claim, possible workers’ compensation, and medical reports. Both parties should consult with the doctor regarding work restrictions as temporary, light-duty work may be possible during the recovery.

It’s vital to follow correct procedures when an injury occurs on the worksite. If you would like to review your policy to ensure you have enough coverage for the types of projects and equipment you are running, be sure to contact us at H&K Insurance, in Watertown, MA. We offer specialty plans for construction companies in addition to a full spectrum of insurance plans. A member of our expert team will walk you through the process to ensure you and your business are sufficiently protected.

John Herlihy has served H & K Insurance Agency Inc. clients since 1982. John, the Vice President, is engaged in all phases of the agency’s operations and management. He is dedicated to providing excellent service. John’s professional designation of CIC (Certified Insurance Counselor) signifies to clients a competent professional and their assurance of quality assistance with their insurance needs.