If you have been injured at work, you may think proving your injury was work-related is simple enough. You were on the job, you were hurt, end of story. But if you don’t comply with the precise reporting requirements of workers’ compensation coverage. Or if the insurer decides to play hardball with you. It could be more difficult to prove that your injury resulted from a work accident.
Reporting Your Injury and Seeing a Doctor
If your injury requires emergency treatment, you should seek medical care immediately. Any burn, injury to your eyes or hands, broken bones, or head trauma should be immediately seen by a physician. In cases like that, you might not be able to report your injury to your employer before receiving care.
Other situations where you might not be able to report an injury could include workers in off-site or remote locations or shift workers in situations with no on-site manager. Anyone who works in these types of employment should inquire about the proper reporting procedures before an injury happens. If you haven’t done so, assume you should seek treatment first.
In New Jersey, you are required to notify your employer within 14 days of an injury if you did not do so at the time of injury. Failing to do so could forfeit your workers’ compensation rights. Your employer may instruct you to see a company-approved doctor. This can happen even if you have already received treatment for the injury. This is usually for insurance purposes and to protect the company’s liability.
What If You’re Not Sure When the Injury Happened?
Serious, acute accidents are easy to prove when they are work-related. If you fall off a ladder or receive a bad cut and need stitches, there’s no question when and where it happened. Proof becomes more problematic when you’re not certain when exactly you got hurt or if the injury is cumulative.
Suppose you have been lifting boxes all day in the warehouse, and your back aches a little. You could report it to your manager but decide to go home and take some aspirin. The next day, you can barely move. There’s a shooting pain down your leg and tingling in your feet. Proving that it was a long day at the warehouse will be much harder now that you’ve been home all night.
If you have any pain or minor injury while on the job, you need to have it documented while you are still on the job. If you are worried about getting a reputation as a complainer, don’t be. The company must know if you are hurt and where it is happening.
What Will I Need to Prove I Was Injured on the Job?
If you have a chronic or cumulative injury, sometimes called a “wear and tear” or “repetitive trauma” injury, you must show a progression of injury and treatment that has worsened over time. You must also show that you have consistently reported these injuries to your employer. Additionally, you must show that the injury has worsened despite treatment adherence.
For instance, suppose you have been working in the warehouse for 25 years and have reported back pain every few months. The company doctor has sent you to a chiropractor, given you time off, and ordered you to wear a back brace, but it keeps worsening. You must bring this progression in your records to your attorney to show your injury is work-related and not due to age or a car accident.
How We Can Help
You should immediately seek legal assistance if you have been denied workers’ compensation benefits or are having difficulties getting the insurance payment you’re owed. The New Jersey workers’ compensation attorneys of Brach Eichler Injury Lawyers can help you present your case, either the first time or on appeal. So you can get the compensation you are entitled to for your injury.
If you have been told that your injury is due to another cause and you believe it is due to an on-the-job accident or repetitive injury, contact our legal team. We can help you gather the necessary records and other information to make your case. Our attorneys will deal with the insurance company and their attorneys on your behalf. Call Brach Eichler Injury Lawyers at (973) 364-8300 for a confidential consultation and review of your case today.
Written by: Brach Eichler Injury Lawyers Last Updated : August 24, 2023We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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