If you are injured in a workplace accident, in most jobs you will be covered by workers’ compensation. You’ll need to keep a lot of documentation after any workplace accident; make and keep copies of any forms, paperwork, or communications generated by your accident or even indirectly related to it. One reason to keep complete documentation is that, believe it or not, there are still employers who will try to retaliate against anyone filing a workers’ compensation claim.
Retaliation firings are completely illegal yet far too common and effective. In many workplaces still, employees sometimes hesitate to report injuries for fear of being fired. Most employers who practice retaliation firings may not understand that they can face a retaliation claim lawsuit, and many are not even completely clear that the practice is completely illegal.
As you work to maintain full documentation of your workplace injury, especially note the documents that answer these questions: Where, when, and how did the injury take place? Who else was present? How and when was management informed? Did your manager or supervisor say anything? Were you sent to a hospital, doctor’s office, or other healthcare facility? What did the doctor tell you? Did the doctor write a letter excusing you from work for a specific period of time, or did the doctor give you, in writing, a specific date for returning to your job?
Protecting Yourself After a Workplace Injury
If you are injured at work, it is important to keep clear records from the start. Provide copies of your doctor’s written orders to your manager, supervisor, HR, or personnel officer. Keep documentation of all communications related to your injury and track how your employer responds.
Pay attention to any signs of retaliation, even subtle ones. This can include negative treatment, pressure, or threats after reporting an injury or filing a workers’ compensation claim.
You have the legal right to seek benefits without fear of punishment or intimidation. If you experience retaliation or threats after filing a claim, you may have grounds for a separate retaliation lawsuit.
Because these situations can escalate quickly, it is wise to speak with an experienced workers’ compensation attorney as early as possible. A qualified lawyer can evaluate your case, protect your rights, and help you pursue the compensation and legal remedies you may be entitled to.