Steps you should take if you are injured at work
If you are injured at work, you need to document and report it. Even minor injuries can have lasting effects on your health, and the longer you wait the more difficult it is to be compensated for those injuries. Furthermore, reporting the injury will help document problems in the workplace that may effect your fellow co-workers if left unchecked.
If you are not sure what constitutes a workplace injury, or need help navigating legal issues related to injuries at work, workers compensation, construction site accidents, and health insurance claims, contact Brian Elston Law for advice. We’re here to help you.
As the utilization of machinery is increasing in the workplace environment so is the risk of injury. Many organizations are working to make the industry safe to avoid the accidents. They are creating a protected working environment as well as compensations plans in case of injuries. If an accident has happened you have to ensure that you report it, otherwise, you are doing no good to the employer or the company.
One of the most important steps that you should take is to report when the accident has happened. You might have gone through a minor injury that did not require the immediate medical attention so you thought that there is no need to report it for the time being.
Keep in mind that this is the biggest mistake that you can do. The reason is that when you will not report the injury on time the employer will deny giving you the compensation money or other promised services. In order to prevent many potential issue report, the accidents are the best solution.
Apart from that, you will not get the help from your private health insurance for the workplace injuries only because you did not report the injury on time. It is important that you are aware of the reporting deadline in your organization so that you can take the required steps on time.
Know your right
Some of the worker compensation laws vary from state to state but there are few laws that are same around the globe. It is important that you understand your rights properly. So here is the list of rights that you must beware of:
- You are allowed to file the claim about the injury in the industrial court or the worker compensation court
- It is the right of the employer to ask for medical help or see a doctor
- In case that the doctor allows you to return to work then you have the right to continue your job
- Due to the injury if you are not allowed to return to your job temporarily or permanently then you deserve some amount from the disability compensation plan
- You have the right to appeal against the decision if you do not agree with the worker’s compensation plan, employer insurance company or compensation court
- The workers have the right to be represented in the court with the help of a lawyer
In case that you have taken all the required steps and reported the injury on time. Still, the employer is not providing you the health care benefits and the money from the compensation plan then it is the time that you take the legal actions. Take the help from the worker compensation attorney. We have been providing the best services to the workers at an affordable rate to ensure that they will get their rights. Please contact us today if you have any questions, 828-575-9700.
Why won’t the other driver’s car insurance pay my medical bills?
Vehicle accidents can cause both physical and emotional damage and car insurance may not cover the repairs. Car insurance often pays well after treatment which means that bills and collection calls may put a strain on you before you have the ability to fix it. Brian Elston Law is well-versed in personal injury involving vehicle accidents and is ready to guide you through what you need to know — Contact us today.
Here’s the scenario:
– Your hit by another driver in a car accident
– The accident was not your fault
– You go to emergency room, or follow up with your doctor
– You tell them you were in a car accident
– Other driver’s insurance company admits fault
– You start receiving medical bills in the mail
– You call and tell the other driver’s insurance company. Other driver’s insurance company says they’ll take care of it
– Collection letters, from Revclaims, First Point, or Bull City for example, start to come in the mail
If you weren’t at fault, why are they asking you to pay for medical bills?
Unfortunately, car insurance doesn’t operate like health insurance. Generally speaking, car insurance companies do not pay for the injured-driver’s medical expenses as they are incurred. Instead, they make one lump sum payment, typically after the injured driver is through treating. This can put a real mental and financial strain on the driver who’s already hurt.
However, there are things that can be done to ensure that an injured driver has access to medical care. Accessing a driver’s “Medpay”, as explained in an earlier blog post, may provide monetary relief to an injured driver. A letter from an attorney notifying the medical provider about the situation and agreeing to protect the provider’s “lien” may allow an injured driver to continue to treat without having collection agencies chase after them.
If you are receiving collection letters from medical providers when you were in a motor vehicle accident that was not your fault, contact my office and we can discuss your legal rights and options.
No one wakes up in the morning prepared for an auto-accident. Take a look so you know what to do in a car accident.
What should I do after a car accident?
What should I do after a car accident?
1) Stop your car. Even if you think that the accident was minor, you need to stop to make sure that anyone involved and/or their car is okay. Leaving the scene of an accident, even a minor one, can have serious consequences.
2) If there is any damage to a vehicle or anyone involved, call 911 or ask someone to call 911 to report the accident and request help, either the police and/or an ambulance. If you are involved in a hit and run, you will likely need the police report to send to your insurance company.
3) Do not leave the scene or move your vehicle until police/ambulance have arrived. If for some urgent reason you have to move your vehicle, take pictures of the scene with your smart phone before moving the vehicles. As the saying goes, a picture is worth a thousand words. Get names of any witnesses and exchange driver information with the other driver (name, address, insurance company).
4) When the police and/or medical assistance arrive, say exactly what happened. If you do not know what happened, tell the officer that you are unsure. Do not guess or speculate. Even if you think that you’ll eventually be okay, tell the officers and/or medics if you are in any amount of pain or discomfort. If there are witnesses around, make sure that they say exactly what happened.
5) You should go to the emergency room if you are injured. Even if you feel that you will likely be okay, you should get checked out by a physician so they can do a full evaluation to rule out any injuries. Are your medical bills covered by the other motorist’s insurance? Read this article for more information.
6) Take pictures and keep your receipts. Once you are released from the hospital, you may be prescribed some medicine to help with the pain. If you fill the prescription, be sure to keep your receipt. If you are in a brace or cast, take pictures. In addition, over the next couple of days, bruising may develop. Be sure to take pictures of the bruising.
7) Contact your insurance company and report the accident. Even if the other driver’s insurance is at-fault, you should still notify your car insurance. You may have med-pay, which I’ve previously discussed in prior posts.
8) Contact an attorney. Nowadays, a personal injury attorney will provide a free consultation with no obligation. An experienced personal injury attorney will be able to walk you through the next steps. I tell my clients that while this may be their first car accident, its not mine.
As the saying goes, knowing is half the battle. Please give me a call if you have any questions or been injured a motor vehicle accident.