Washington, D.C. injured worker quick guide

WASHINGTON, D.C. INJURED WORKER QUICK GUIDE

What to Do – and What NOT to Do – After a Workplace Injury

A Consumer Guide for Private-Sector Workers in Washington, D.C.

YOU WERE HURT AT WORK. WHAT SHOULD YOU DO NOW?

A workplace injury can turn an ordinary day into a confusing combination of doctors, supervisors, insurance adjusters, forms and questions about your paycheck.

You do not need to understand the entire D.C. workers' compensation system today.

But there are several things you should do right now to protect yourself.

FIRST: MAKE SURE THIS IS THE RIGHT WORKERS' COMPENSATION SYSTEM

This Quick Guide generally applies to private-sector employees working in Washington, D.C.

Different systems apply to:

• D.C. government employees; and
• federal government employees.

If you are unsure which system covers you, find out immediately.

1. REPORT YOUR INJURY IMMEDIATELY

Tell your employer or supervisor as soon as possible.

Then put it in writing.

D.C. law generally requires written notice of the injury within 30 days after the injury, or within 30 days after you knew or reasonably should have known that the injury was related to your employment.

The notice generally must be given to:

your employer

AND

the D.C. Office of Workers' Compensation.

The District uses DCWC Form 7 – Employee's Notice of Accidental Injury or Occupational Disease.

Your notice should identify:

• who you are;
• when the injury happened;
• where it happened;
• what happened;
• how it happened; and
• the nature of your injury.

Do not wait until Day 30.

Report it immediately.

2. GET APPROPRIATE MEDICAL TREATMENT

If you need emergency care, get it.

Under the D.C. Workers' Compensation Act, the injured employee generally has the right to choose an attending physician.

That is an important difference from Virginia's panel-of-three system.

Choose your doctor carefully.

Your medical records may later become critical evidence concerning:

• how the injury occurred;
• whether the condition is work-related;
• whether you can work;
• your work restrictions;
• your treatment needs; and
• whether you have a permanent impairment.

3. TELL YOUR DOCTOR EXACTLY WHAT HAPPENED

Be accurate.

Tell your medical provider:

• how the injury happened;
• every body part that was injured;
• what symptoms you have;
• when the symptoms began;
• whether they are getting better or worse;
• what activities are difficult; and
• whether you believe you can work.

Do not exaggerate.

But do not minimize your condition either.

Tell the truth.

4. GET YOUR WORK STATUS IN WRITING

If your doctor says you cannot work, get that opinion in writing.

If you can work only with restrictions, get those restrictions in writing.

Keep a copy.

Provide the appropriate documentation to your employer.

Do not ignore medical restrictions simply because your employer wants you back at work.

And do not make major employment decisions without understanding how they could affect your claim.

5. FILE THE PROPER D.C. FORMS

This is extremely important.

FORM 7 AND FORM 7A ARE NOT THE SAME THING.

FORM 7

Employee's Notice of Accidental Injury or Occupational Disease

This is used to provide notice of the injury.

FORM 7A

Employee's Claim Application

This is used to file the formal workers' compensation claim.

The general deadline for filing the formal claim is one year, subject to statutory rules and exceptions.

Do not wait one year.

FILE PROMPTLY.

Your employer's knowledge of the accident is not a substitute for protecting your own claim.

KEEP EVERYTHING

Start a folder—paper, electronic, or both.

Keep:

• accident reports;
• Form 7;
• Form 7A;
• photographs;
• witness information;
• medical records;
• doctor's notes;
• work restrictions;
• prescriptions;
• medical bills;
• mileage and transportation records;
• pay records;
• emails;
• text messages;
• insurance-company correspondence; and
• every document concerning your workers' compensation claim.

A SHORT PENCIL IS BETTER THAN A LONG MEMORY.

Write things down.

10 THINGS THAT CAN HURT YOUR D.C. WORKERS' COMPENSATION CLAIM

1. WAITING TO REPORT THE INJURY

The general notice period is 30 days.

Report it immediately.

2. REPORTING THE INJURY ONLY TO YOUR EMPLOYER

D.C. law generally requires written notice to both the employer and the Office of Workers' Compensation.

3. CONFUSING FORM 7 WITH FORM 7A

Form 7 gives notice.

Form 7A files the formal claim.

Protect yourself by understanding the difference.

4. WAITING UNTIL THE ONE-YEAR DEADLINE TO FILE

There is no benefit in waiting.

File promptly.

5. GIVING DIFFERENT VERSIONS OF HOW THE INJURY HAPPENED

Be accurate and consistent.

6. EXAGGERATING YOUR INJURIES

Your credibility matters.

Tell the truth.

7. MINIMIZING YOUR INJURIES

If something hurts or limits you, tell your doctor.

8. IGNORING MEDICAL APPOINTMENTS OR RESTRICTIONS

Follow reasonable treatment recommendations and work restrictions.

9. CARELESS SOCIAL MEDIA ACTIVITY

Photographs, videos and comments can be taken out of context and used to challenge your description of your condition.

Think before you post.

10. SETTLING WITHOUT UNDERSTANDING WHAT YOU ARE GIVING UP

An approved D.C. workers' compensation settlement can be a complete and final resolution of the case.

Know what rights will end before you sign.

WHAT ABOUT YOUR PAYCHECK?

For temporary total disability, D.C. generally provides compensation equal to 66⅔% of the worker's average weekly wage, subject to applicable minimum and maximum rules.

D.C. generally has a three-day waiting period for disability compensation.

If the disability lasts more than 14 days, compensation generally becomes payable from the beginning of the disability.

Remember:

3 DAYS — ordinary waiting period

MORE THAN 14 DAYS — compensation generally relates back to the beginning of disability

Medical treatment is treated separately from this wage-loss waiting period.

COULD YOU HAVE TWO CASES?

This may be one of the most important questions you ask.

If someone other than your employer caused your workplace injury, you may have rights beyond workers' compensation.

Example:

You are driving while performing your job.

Another driver negligently causes a collision.

You may potentially have:

WORKERS' COMPENSATION CLAIM

for applicable medical treatment, wage-loss benefits and other workers' compensation benefits.

PLUS

PERSONAL INJURY CLAIM

against the negligent driver.

Other possible third-party cases may involve:

• defective machinery;
• defective products;
• unsafe property;
• negligent contractors;
• negligent drivers; and
• other persons or businesses legally responsible for the injury.

A third-party personal injury case may allow recovery for damages that workers' compensation ordinarily does not provide, including pain and suffering.

AN IMPORTANT D.C. THIRD-PARTY WARNING

D.C. has a particularly important rule involving third-party claims.

If you accept workers' compensation under an award, your rights against a responsible third party can be affected if you do not begin the third-party action within six months after the award.

This is a technical rule with potentially serious consequences.

The safest consumer rule:

If someone other than your employer may have caused your injury, investigate that possibility immediately.

Do not wait until your workers' compensation case is almost over.

THE 5 QUESTIONS TO ASK YOURSELF TODAY

• Did I report my injury to my employer?
• Did I file Form 7 with the appropriate D.C. workers' compensation office?
• Am I receiving appropriate medical treatment?
• Did I file, or am I promptly preparing to file, Form 7A?
• Could someone other than my employer be responsible for causing my injury?

If you cannot confidently answer all five questions, find out what still needs to be done.

FIVE D.C. NUMBERS TO REMEMBER

30 DAYS

The general period for written notice of the injury.

1 YEAR

The general period for filing the formal workers' compensation claim.

3 DAYS

The ordinary waiting period for disability compensation.

14 DAYS

If disability lasts more than 14 days, wage compensation generally relates back to the beginning of disability.

6 MONTHS

An important period that can affect an injured worker's right to pursue a third-party claim after accepting compensation under an award.

BUT THE MOST IMPORTANT WORD IS:

NOW.

Do not wait 30 days to report your injury simply because the law generally allows 30 days.

Do not wait one year to file your claim simply because the law generally allows one year.

Do not wait six months to investigate whether another person caused your injury.

The safer approach is:

REPORT IT NOW.

DOCUMENT IT NOW.

FILE YOUR CLAIM PROMPTLY.

INVESTIGATE THIRD-PARTY RESPONSIBILITY NOW.

ONE FINAL RULE

When you are injured at work, your first priority is your health.

Your next priority is protecting your rights.

Do not assume your employer, an insurance company or anyone else is taking every step necessary to protect those rights for you.

Ask questions.

Keep records.

Follow your medical treatment.

Tell the truth.

Know your deadlines.

And when something does not make sense, get qualified help before making a decision you cannot easily undo.

IMPORTANT

This Quick Guide provides general educational information concerning the District of Columbia workers' compensation system for private-sector employees. It is not legal advice and does not create an attorney-client relationship.

D.C. government employees and federal government employees are governed by different workers' compensation systems.

Workers' compensation rights depend upon the facts of each case, and exceptions or additional requirements may apply.

The law can change. Always verify current requirements when dealing with an actual claim.