Workers injured on the job should keep detailed records of the injury. It will help when filing a claim.
“When someone is hired for a job in construction, management doesn’t typically spend a lot of time talking about workplace injury claims or even workers’ compensation, other than to make sure the new hire gets signed up for it. Even if it’s not mentioned, keep one thing in mind for the future: if something happens to you on the job, keep very detailed records of everything that happens, including filing your accident report with management. You will also want in depth medical records that are easily accessible,” said Brooks Schuelke, an Austin accident lawyer with Perlmutter & Schuelke, L.L.P.
When a mishap does happen at a workplace, the employer is required by law to keep records of the details of the accident in an official accident report book. This is a part of the reporting procedure for disasters in a workplace. Ideally, the overall recordkeeping will indicate any inherent patterns to accidents and let management fix what’s wrong. “The crucial thing to remember is that if the accident is not recorded in the official record book, it may be more difficult to recover compensation,” Schuelke said.
Another thing workers need to know up front is that if they are going to file a workers’ compensation claim, they need to document all of their injuries at once. That, of course, means all the injuries need to be treated at the same time as well. “At this point, you need to also ensure all of your injuries and medical treatments are documented in full detail for future reference. This is so you have something to show a lawyer if you have trouble processing your workplace injury claim,” Schuelke said.
Keep every receipt for every medical test, surgery, therapy session, counseling assistance, medication, etc., because these things are needed when it comes to figuring out the amount of the claim settlement. “Ideally, if you have a witness, it certainly helps your case. That could be another worker, a supervisor or pedestrian who saw the accident,” he said.
While some workplace injury claims go well and things are settled to the satisfaction of both parties, this seems to be the exception, rather than the rule. For this reason, it’s a good strategic move to hire an Austin accident lawyer to make sure the case gets moved along promptly and that it doesn’t get bogged down in bureaucratic inertia.
Typically, compensation claims tend to come in at a lower settlement offer than one would expect. There is a reason for this. Workers’ compensation is insurance and insurance companies are famous for wanting to maintain their bottom line at the expense of those covered. This is one of the major reasons why hiring an Austin accident lawyer will, in the long run, be a benefit. That benefit will pay off in a higher claim settlement.
“Be aware that there is usually, by statute, a two year period to file on-the-job injury claims. However, having said that, don’t wait that long to do something about your claim or injury. The faster you deal with it, the quicker things get handled. Ideally, aim to process your claim within two months from the date of your accident, or sooner. Why? Because the details are still fresh in your mind. Have questions? I’m here to help you. Don’t hesitate to give me a call,” Schuelke said.
Contact Perlmutter & Schuelke PLLC at https://www.civtrial.com or (512) 476-4944.
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