Impact Law Firm
115 W. 3rd St.
Tulsa, OK 74103
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On the Job Injury FAQ
FAQs for On the Job Injuries/ Workers Compensation
- What is workers compensation?
- When should I report an accident that occurred on the job?
- What steps are necessary to receive medical treatment?
- Must I use the Certified Workplace Medical Plan if I need emergency treatment?
- Do I have to pay for medical bills?
- What if my employer failed to pay for workers’ compensation coverage?
- Can an employer fire me if I file for workers’ compensation?
- What are the benefits or allowances that can be paid for a workers’ compensation claim?
- Should I agree to a workers’ compensation settlement prior to consulting with an attorney?
Workers compensation benefits both the employee and the employer. The employee benefits from compensation for a disability, medical expenses and rehabilitation expenses incurred from an injury on the job. The employer benefits from protection from liability lawsuits outside of workers compensation.
Any injury or illness that has occurred on the job should be reported to a supervisor as quickly as possible. If you do not have an immediate supervisor, then you may need to contact the workers’ compensation insurance carrier yourself. If you fail to report the injury or illness in a timely manner, you may lose all benefits. For most cases, an employee must report the injury within 30 days or must obtain medical treatment within thirty days. If the employee has suffered from an occupational disease, the employee must notify the employer within 90 days of separation from employment.
Your employer should immediately advise you of where you should seek medical treatment in order to ensure the best workers compensation coverage. If the employer fails to respond or inform the employee of the proper physician to see within seven days, then the employee may see the physician of his or her choice at the expense of the employer.
If an employee who is covered by a Certified Workplace Medical Plan needs emergency medical services, he or she can seek medical services from a physician of who is not necessarily part of the plan. The employer will still be responsible for all charges related to the injury.
You should not be held responsible for any medical bills from any necessary medical services received for your on-the-job injury or illness.
If an employer has not followed the law and has failed to pay for workers compensation, then the injured person can file a claim with the Workers’ Compensation Court or a district court to recover the damages from the injury or illness. A claim filed in the district court is not held to the limits of the workers compensation laws.
An employer is not allowed by law to fire an employee due to a workers’ compensation plan. If your employer fires you because you file a workers’ compensation claim, enlist the representation of a lawyer, or because you have testified or plan to testify in a court hearing for yourself or another employee, you may have reason to file a claim in district court for an unlawful action on behalf of your employer.
There are four types of benefits that can be paid for a workers’ compensation claim:
- Income benefits – a portion of the wages you will lose due to an on-the-job injury or illness. Income benefits can include:
¨ Temporary income benefits (TIBs)
¨ Impairment income benefits (IIBs)
¨ Supplemental income benefits (SIBs)
¨ Lifetime income benefits (LIBs)
- Medical benefits – covers any necessary medical treatments for an on-the-job injury or illness.
- Death benefits – replace some of the lost income for eligible, dependent family members of workers killed due to on-the-job injuries or illnesses.
- Burial benefits – covers a portion of the deceased employee’s funeral expenses.
An insurance representative’s goal is to settle a workers’ compensation claim for the least amount possible. Any offer needs to be reviewed by a workers compensation attorney to ensure you receive a settlement that will cover all your damages. Signing an offer prior to seeking the advice of a lawyer will negate the possibility of you recovering further damages. It is always in your best interest to seek the guidance of an experienced attorney.