How to Handle a Work Injury If It Arises

If an employee has been injured or become ill due to work, they must notify their boss quickly about what has happened. An employee may shrug off an accident as no big deal, forget to report the incident at all, or be afraid to bring it to the attention of their boss. An employee may worry there will be consequences for reporting an injury that can end up costing the company money. Unfortunately, by leaving an injury untreated it may only worsen in the days or weeks to come. Reporting the injury is also important so the employee can receive workers compensation benefits if medical care is required.

In the article to follow, we have answered the many questions an employee may ask themselves during the process of a workers compensation claim.

How does workers compensation benefits work?

Workers compensation benefits is a program that helps cover the expenses associated with employee injuries or illnesses that arise due to the work environment or task. A worker may be eligible for benefits if the injury happened:

• While on the job site or location
• At a work hosted event or celebration
• When traveling but performing work-related assignments

What if my boss starts treating me differently after reporting the injury?

It is unlawful for a supervisor to treat an employee poorly or fire them, for reporting an injury accident. An employer is not permitted to discourage an employee from filing a workers compensation claim, in any way retaliate against, or cancel a pending promotion. If for any reason you feel your employer is being neglectful or careless with your claim, you may want to consider meeting with a lawyer for some legal advice. Your boss may be acting in a way that he or she does not realize is against the law. A lawyer can help you hopefully resolve the wrongdoing and prevent further mistreatment from happening in the workplace.

Why would my workers compensation claim be denied?

There are a couple elements of an injury accident that may result in a claim denial. If the employee was under the influence of alcohol or drugs at the time of the accident, benefits may be denied. Also, if it is found the employee actually self-inflicted the injury, the claim is very likely to not be approved.

Why would an employee turn to a lawyer about their claim?

An employee may need the help of a lawyer regarding their workers compensation claim for many reasons. A Nassau County workers comp attorney understands the ins and outs of the legal system and can help resolve workers compensation benefit issues. The most common motivations for seeking legal assistance can include the following:

1. The employee feels he or she did not receive the maximum benefits needed
2. The employee was fired recently after reporting the accident
3. The employer mishandled or was negligent when submitting the claim
4. The employer did not submit the workers compensation claim on-time, resulting in a denial of benefits
5. The employer tried to discourage the employee from reporting the injury

Thank you to our contributors at Polsky, Shouldice, & Rosen, P.C. for the insightful information on how to handle a work injury.