We believe the answer is yes. You should hire an attorney as soon as you get injured on the job. We understand the complexities of the workers’ compensation law and although an injured worker can try to handle the work comp claim on their own, it often results in a delay of benefits that they are legally entitled to. If you’ve been hurt at work, here are some things to keep in mind:

1. Report the Accident and Injury Promptly.

Although an injured employee has 30 days from the work accident to report the accident, we recommend you report the accident as soon as possible. Even if you are not experiencing immediate pain, it is recommended to report the accident in case issues arise later. This should be done in writing, even by text or email, to have proof that you timely reported the accident and prevent any potential notice defenses by the employer/carrier. Keep things short and to the point. You don’t want to say something that could jeopardize your claim. An experienced board certified workers’ compensation attorney can help ensure that you document your work accident and injuries and provide the right information to your employer. Getting it done right from the beginning of your claim may prevent mistakes and denials of your workers’ comp benefits.

2. Injury Occurred During the Course and Scope of Your Employment.
In order to have a valid claim for workers’ compensation benefits, you will need to prove through medical evidence that the accident and injury occurred during the course and scope of your employment. This is usually determined by the authorized treating workers’ compensation doctor but not all doctors are willing to indicate that the major contributing cause (MCC) of your injury and need for treatment is the work accident. An experienced workers’ compensation attorney will help obtain evidence to prove that the work accident occurred in the course and scope of your employment and that the work accident was the major contributing cause so that you will be entitled to all available work comp benefits.

3. Petition for Benefits in Your Workers’ Compensation Claim.

In order to obtain benefits, you often must file a claim known as a Petition for Benefits (PFB). A PFB is required when the employer/carrier fail to provide you the benefits you deserve. These work comp benefits may include a diagnostic study such as an MRI, physical therapy, injections, or surgery as recommended by the authorized
treating workers’ compensation doctor. Proper filing of the claim is not always easy. It’s important that the claim be worded specifically and that the correct documentation is attached in order to pursue a claim for work comp benefits. The petition for benefits may be e-filed with the insurance carrier online. However, the PFB must be delivered to the employer via certified mailing. Dealing with the workers’ compensation adjuster and employer/carrier is not always easy. Hiring an experienced work comp lawyer can make pursuing workers’ compensation benefits much easier. The attorney will file the claims on your behalf and if benefits are not timely provided, the employer/carrier, not you, will owe your attorney a fee.

4. Filing for Workers’ Compensation and Personal Injury as an Option.

Filing a petition for benefits claim in your workers’ compensation case may not be your only option. Even if you suffered an on the job injury, you should speak to an attorney since you may also have a personal injury claim.

Common personal injury claims include:

- Slip and Falls or other Premises liability claims

- Manufacturer or Product liability claims due to faulty tools and equipment

- Negligence claims against employers, contractors and subcontractors if injury was virtually certain to occur

If you have a personal injury claim, you may be entitled to recover damages that aren’t covered under workers’ compensation like pain and suffering, your full loss of income instead of just 2/3 of your average weekly wage (AWW). Pursuing a personal injury claim requires evidence, skill, and knowledge of your legal rights. You will want an experienced lawyer to represent you for any personal injury claim.

5. Unnecessary Delays.

The employer/carrier is usually not in a hurry to provide you the benefits you’re entitled to. It often takes months for the work comp insurance adjuster to authorize
the diagnostic testing and treatment recommended by the authorized workers’ compensation doctor. These unnecessary delays prohibit your recovery and ability to return to work. Hiring an experienced work comp lawyer to send a good faith request for the authorized doctors’ recommendations and prescriptions and then quickly filing a petition for benefits (PFB) can limit and hopefully, prevent unnecessary delays.