No matter where you work, there’s a chance you could be injured on the job. Factory jobs and other careers that require physical labor may be at higher risk than others, but even if you work a retail or white-collar job, there’s a chance you could one day be injured—due to your own actions or those of others.
If and when this happens, you need to be prepared for what to do next. If you act quickly and intelligently, you can reduce your risks, treat your injuries, and hopefully walk away with more compensation.
Immediate Steps to Take
In the immediate aftermath of the injury, these are the steps you need to follow:
- Get to safety. As soon as possible, you need to get to safety. If you’re in a risky situation, sticking around could end up resulting in further injury. Once you’re safe, you’ll be in a better position to think clearly and logically, and decide on your next course of action.
- Report the incident to a supervisor. Chances are, your organization has rules and regulations surrounding injuries on the job. It’s a good idea to comply with those rules, provided they’re in place. If you’re not sure about the rules, or if you’re confused about what to do, report the injury to a supervisor or boss. They should have a better understanding of what to do, and may require you to fill out an incident report.
- Clear the area (if appropriate). You, your supervisor, and your coworkers will then be responsible for clearing the area, if there is still a danger to other people. This is going to reduce the chances that someone else could be injured in the same way, and will keep the area safer.
- Gather evidence. If you can, try to get your hands on evidence of how the incident unfolded. Obtain a copy of any video surveillance that’s available, and get eyewitness reports. These may be pertinent if you decide to take legal action in the future. It’s also important to explain the situation in the fullest detail possible for the incident report—and make sure you get a copy so you know these details are reported accurately.
- Get first aid (or call an ambulance). Treat the injury as soon as possible, either with first aid or by contacting emergency services. If you don’t go to a hospital, head to the doctor when you can so you can get official medical documentation on your injuries.
Understanding Workers’ Compensation
At this point, you’ll need to start thinking about workers’ compensation. Workers’ compensation is a form of insurance carried by your employer, and it’s a legal requirement in most areas. Basically, the idea is that if you get injured in any way (regardless of who’s at fault), workers’ comp should cover you for the costs associated with it. That includes medical costs and follow-up care, at a minimum.
However, you may not want to take workers’ comp. If you do, you’ll be consenting not to take legal action against your employer, which could reduce the amount of compensation you’re eligible to receive. Instead, it may be advisable to talk to a lawyer about your injury—and the compensation options available to you.
Should You Talk to a Lawyer?
So should you talk to a lawyer about your injury instead of taking workers’ comp? That depends on a few variables, including:
- The extent of the injury. If you only sustained a minor cut on your finger, or some bumps and bruises in a minor fall, it may not be worth considering legal action—or even filing the workers’ comp paperwork. The more egregious the injury is, the more seriously you should weigh your options.
- The negligence involved. Negligence is a tricky legal concept, but you should have an intuitive sense for the level of negligence involved in your case. Were you injured as a direct result of the actions or lack of actions of other people? Or was this truly an accident that could not have been prevented? The more obvious and severe the negligence, the more incentivized you may be to seek legal action.
- The evidence available. How much evidence do you have surrounding this injury, and the negligence that caused it? If you have videos, photos, or official documentation backing your story, your case will be even stronger.
- Your level of commitment. You should also consider your level of commitment, and how much time and effort you’re going to put into this case. Personal injury lawsuits sometimes get settled quickly, but other times can drag out for months to years. Is it worth that level of involvement?
Even so, most lawyers will be eager to give you an initial consultation for free. All it’s going to cost you is a bit of time. Accordingly, even with a minor injury, if you believe you may be able to get more compensation than you would with workers’ comp, it’s worth having the conversation. Find a personal injury attorney in your area for more information.