The workers’ compensation survival guide

THE WORKERS' COMPENSATION SURVIVAL

GUIDE

What Every Injured Worker Needs to Know After a Workplace Accident

INTRODUCTION

If you are reading this guide, chances are you were hurt at work—or someone you care about was injured on the job

First, take a deep breath.

Most workers have never experienced a workplace injury before. They do not know what to do, who to trust, what benefits are available, or what mistakes can hurt their claim.

Unfortunately, employers, insurance companies, and workers' compensation systems often assume you already know the rules.

You do not.

That is why I created this guide.

For more than four decades, I have helped injured people navigate complicated legal systems. My goal is simple: to help you protect your health, your income, and your future.

The information in this guide could save you thousands of dollars and help you avoid mistakes that can permanently damage your claim.

ABSOLUTE BEGINNING – BEFORE ANYTHING ELSE

Your health comes first.

Never allow fear of losing your job to prevent you from getting treatment.

Document:

• Every symptom
• Every body part that hurts
• Every medical appointment

Your Health Comes First

Never ignore symptoms.

Many injuries that seem minor become permanent problems when treatment is delayed

Examples include:

Herniated discs

• Torn rotator cuffs
• Meniscus tears
• Concussions

Nerve injuries

Tell the Doctor Everything

Many workers accidentally damage their claims by under-reporting symptoms.

Tell your provider about:

• Neck pain
• Back pain
• Shoulder pain
• Headaches
• Numbness
• Tingling
• Sleep problems

Anxiety

Understanding Diagnostic Testing

Common tests include:

X-rays

MRI scans

CT scans

• EMG/NCV studies

Physical Therapy

Attendance matters.

Missed appointments can hurt both your health and claim.

Surgery Decisions

Ask questions BEFORE your surgery. Find out what, why, how, expected results.

Independent Medical Examinations

What they are – the insurance company's paid doctor whose job it is to tell the insurance company you are not injured, or, you are not injured that badly, and that you do not need any more, or little more medical care. This opinion is almost 100% the opinion of these doctors every time, as the insurance company pays them to write these opinions so they do not have to pay more.

What they are not. Your friend or your doctor, or someone looking out for your best interest.

How to prepare. Take a friend with you to document how long the appointment lasted.

Keeping a Medical Journal

The single most overlooked tool for documenting pain and recovery.

CHAPTER 1

THE FIVE MOST IMPORTANT THINGS TO DO AFTER A WORKPLACE INJURY

1. Report the Injury Immediately

Tell your supervisor as soon as possible.

Do not assume:

• Someone else reported it.

It is "not serious."

• It will get better tomorrow.

A delayed report can become a major issue later.

2. Seek Medical Attention and

See above!

3. Tell Your Doctor Everything

Again, see above!

Many workers make the mistake of only mentioning their worst injury.

If your:

• Neck hurts
• Back hurts
• Shoulder hurts
• Knee hurts

Tell the doctor about all of them.

If it is not documented, it may later be denied.

4. Keep Records

Create a file containing:

• Accident reports
• Medical records
• Bills
• Prescriptions
• Mileage

Work restrictions

Documentation wins claims.

5. Do Not Assume the Insurance Company Is There to Protect You

The adjuster may be polite.

The adjuster may sound concerned

But remember:

The insurance company has a financial interest in paying as little as possible.

Protect yourself accordingly.

CHAPTER 2

COMMON WORKPLACE INJURIES

Workers' compensation covers much more than dramatic accidents.

Common claims include:

Construction Injuries

Falls

• Equipment accidents

Crush injuries

Warehouse Injuries

Lifting injuries

• Forklift accidents
• Repetitive trauma

Office Injuries

• Slip and falls
• Repetitive stress injuries

Carpal tunnel syndrome

Healthcare Worker Injuries

Lifting patients

• Needlestick injuries
• Assaults

Delivery Driver Injuries

• Vehicle collisions
• Loading injuries

Slip and falls

CHAPTER 3

BENEFITS YOU MAY BE ENTITLED TO RECEIVE

Depending on your circumstances, workers' compensation may provide:

Medical Treatment

Payment for:

• Doctor visits
• Physical therapy
• Surgery
• Prescriptions
• Diagnostic testing

Wage Loss Benefits

If your injuries prevent you from working, you may qualify for wage replacement benefits.

Permanent Disability Benefits

Some injuries result in permanent impairment.

Even after recovery, you may be entitled to compensation.

Vocational Rehabilitation

In some situations, assistance may be available for:

• Retraining
• Job placement
• Return-to-work services

CHAPTER 4

THE 25 COSTLY MISTAKES INJURED WORKERS MAKE

Mistake #1

Failing to report the injury immediately.

Mistake #2

Waiting to seek treatment.

Mistake #3

Ignoring symptoms.

Mistake #4

Failing to tell doctors about all injuries. Mistake #5

Missing appointments.

Mistake #6

Disobeying medical restrictions.

Mistake #7

Posting on social media.

Mistake #8

Failing to document conversations.

Mistake #9

Throwing away paperwork.

Mistake #10

Assuming the insurance company is protecting your interests.

Mistake #11

Returning to work too early.

Mistake #12

Failing to obtain witness information.

Mistake #13

Signing documents without understanding them.

Mistake #14

Ignoring deadlines.

Mistake #15

Failing to preserve evidence. Mistake #16

Exaggerating symptoms.

Mistake #17

Minimizing symptoms.

Mistake #18

Ignoring emotional injuries.

Mistake #19

Assuming workers' compensation is the only claim.

Mistake #20

Failing to keep a pain journal.

Mistake #21

Not obtaining legal advice when appropriate.

Mistake #22

Assuming a denied claim is the end of the case.

Mistake #23

Failing to prepare for medical examinations.

Mistake #24

Believing verbal promises.

Mistake #25

Waiting too long to protect your rights.

CHAPTER 5

CAN I BE FIRED FOR FILING A WORKERS' COMPENSATION CLAIM?

One of the first fears injured workers experience is:

"What if I lose my job?" That fear causes many workers to:

• Hide injuries
• Delay treatment
• Continue working despite pain
• Avoid reporting accidents

Many injured workers ask this question.

The answer depends on the facts and the laws of your state.

If you believe:

• You were fired,
• Demoted,
• Harassed.
• Threatened,

because you reported an injury or sought benefits, speak with an attorney immediately.

Why Workers Fear Reporting Injuries

The emotional impact of workplace injuries.

Fear of:

• Retaliation
• Reduced income
• Job loss
• Being labeled a troublemaker

Common Employer Reactions

Supportive employers.

Neutral employers.

Hostile employers.

How to recognize the difference.

The Difference Between Termination and Retaliation

Consult an attorney.

Not every firing is retaliation.

Not every retaliation case involves termination.

Light Duty Assignments

Consult your attorney – this may be allowed, even if you don't agree ….

Common problems.

Return-to-Work Issues

Employers may pressure workers to return too soon.

Document Workplace Conduct

Create a contemporaneous record – document when things happen.

CHAPTER 6

SOCIAL MEDIA CAN DESTROY YOUR CLAIM

Insurance companies frequently investigate claimants online.

Avoid posting:

• Photos
• Videos
• Activity updates
• Travel pictures

Even innocent posts can be misunderstood.

When in doubt, stay off social media until your case is resolved.

CHAPTER 7

THIRD-PARTY CLAIMS

WHAT IF SOMEONE OTHER THAN MY EMPLOYER CAUSED THE ACCIDENT?

This is one of the most overlooked issues in workers' compensation.

Questions Every Injured Worker Should Ask

Could someone besides my employer have caused this injury?

If the answer may be yes, further investigation is warranted.

The Hidden Money Most Injured Workers Never Discover

INTRODUCTION

One of the most expensive mistakes injured workers make is believing workers' compensation is their only remedy.

In many cases, another person or company contributed to the accident.

When that happens, additional claims may exist.

These claims can sometimes be worth far more than the workers' compensation claim itself.

What Is a Third-Party Claim?

A claim against someone other than your employer.

Examples:

• Negligent drivers

Contractors

• Property owners
• Equipment manufacturers

Construction Site Accidents

Multiple contractors.

Multiple responsibilities.

Multiple sources of recovery.

Vehicle Crashes While Working

Salespeople.

Delivery drivers.

Technicians.

Traveling employees.

Defective Equipment Cases

Machines.

Tools.

Ladders.

Safety devices.

Premises Liability Cases

Dangerous property conditions.

Product Liability Claims

When products fail.

Why Timing Matters

Critical evidence disappears quickly.

The Financial Difference

In some workplace injury situations, there are two very different types of claims that may be available: a workers' compensation claim and a third-party personal injury claim.

A workers' compensation claim is made through the injured worker's employer and its workers' compensation insurance carrier. Generally, the employee does not have to prove that the employer was negligent. If the injury arose out of and occurred in the course of employment, workers' compensation may provide benefits such as medical treatment, a portion of lost wages, and compensation for certain permanent injuries. However, workers' compensation generally does not compensate the injured worker for pain and suffering.

A third-party claim is different. It is a personal injury claim against someone other than the employer or a co-worker whose negligence caused or contributed to the injury. For example, a delivery driver injured when another motorist runs a red light may have a workers'

compensation claim because the accident occurred while working but also may have a third- party claim against the negligent driver.

The third-party claim can be extremely important because it may permit recovery for damage that workers' compensation does not provide, including pain and suffering, inconvenience, emotional distress, and potentially the full amount of lost income and other damages.

Most importantly, the two claims can sometimes exist at the same time. An injured employee may receive workers' compensation benefits while also pursuing a claim against the third party responsible. When that happens, reimbursement or subrogation rights may affect how the ultimate recovery is distributed.

For that reason, whenever someone is injured at work, the question should not simply be, "Do I have a workers' compensation claim?" It should also be, "Did anyone other than my employer contribute to causing my injury?"

CHAPTER 8

WHEN SHOULD YOU SPEAK WITH A LAWYER?

Consider consulting an attorney if:

• Your claim is denied.
• Benefits are terminated.
• Surgery is recommended.
• You cannot return to work.
• You have permanent injuries.
• Someone besides your employer may be responsible.
• You simply have questions.

Many consultations are free. Getting information early often prevents expensive mistakes later.

FINAL THOUGHTS

No one plans to get hurt at work.

But if it happens, knowledge is power.

Protect your health.

Protect your income.

Protect your future.

And remember:

The decisions you make during the first few days after an injury can affect your life for years.

Do not guess.

Get answers.

Get help.

Stay informed.

Stay protected.

Knowledge is one of the most valuable tools an injured worker can possess.

The more informed you are, the better prepared you will be to protect your health, income, family, and future.

FREE WORKERS' COMPENSATION CASE REVIEW

If you have questions about a workplace injury, workers' compensation claim, denied benefits, permanent disability, or a possible third-party claim, contact:

PAUL A. SAMAKOW, ESQ

NO FEE UNLESS WE RECOVER FOR YOU.