If you’re contemplating whether or not to file a workers’ compensation claim, you may be afraid that filing a claim will be time consuming, ruin you standing with your company, or even jeopardize your employment all together. While these fears may seem justified, they simply aren’t. Most employers are required to adhere to strict federal regulations regarding on-the-job injuries, which are created to protect the rights of employees.
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What’s At Stake
Shockingly, failing to file a claim may actually hurt you. If you don’t make a first report of injury, you might lose more than just wages and coverage of medical bills. You could potentially end up losing your job due to an inability to perform.
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At a minimum, working with your workers’ compensation program gives you certain rights under the law, which vary from state to state. Employers in all states must provide a safe workplace for their employees under OSHA rules and regulations. Whether they carry workers’ compensation insurance depends on a variety of factors, including how many employees they have and the employment status of each worker.
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Get the Facts
While workers’ compensation laws are different in every state, there are some basic things that you should keep in mind when making this important decision:
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1. What is the extent of your injury? If you have not had medical treatment, then it may be difficult to answer this question.
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2. What is your estimated recovery time? A 2014 report from the U.S. Bureau of Labor Statistics found there was a median of 9 days required for workers to recuperate away from the workplace from their injuries.
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3. Are you able to afford the medical bills on your own? A minor injury, such as going to the outpatient clinic once to have an abrasion cleaned and stitched up may be something that a person wouldn’t report. However, a major injury may have extensive long term costs.
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As lawyers who are dedicated to protecting the rights of injured persons, we rarely ever recommend that a person withhold from reporting an on-the-job injury. That being said, it’s a personal decision. This choice is something that an individual should feel comfortable with because the injury report begins an official process of opening a claim and going through employer-approved medical treatment, if warranted.
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To protect your rights, find out how much time you have to make a first report of injury in your state. If you miss that legal deadline, you could surrender all of your worker’s compensation benefits, meaning that your employer might not have to cover the medical bills or lost wages associated with your workplace injury.
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Weighing the risks and benefits is up to you, but you don’t have to make the decision alone. An experienced Milwaukee WI workmans compensation lawyer can help you understand the unique factors at play in your case and help you determine if filing for workers’ compensation is in your best interest.
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Thanks to our friends and contributors from Hickey & Turim, S.C. for their insight into workers’ compensation and personal injury practice.