Workplace injuries are common in the US. In 2023, 2.5 million non-fatal injuries were reported in the private industry in the country. While in 2022, there were 5,486 fatal work-related injuries from all sectors. The statistics in Texas don’t fall too behind. In 2022, 178,800 workplace non-fatal incidents occurred in Texas.
Anyone who suffered workplace injuries in Galveston is protected under the Texas Workers’ Compensation Act even if their employer doesn’t have worker injury insurance.
Similar protections are available to people in Ontario.
Here are some steps to take after sustaining a workplace injury, regardless of the severity of the incident.
1. Seek Medical Attention
The first step is assessing the severity of the injury and moving to a safe location. If the injury is severe and you are unable to move, seek help immediately from those around you.
Next, get medical attention immediately, even if the injury is small. Some injuries, like internal bleeding, are not obvious right away but worsen over time.
Most workplaces often have first aid kits and trained personnel, so you can use them to get checked before seeking professional help.
2. Report the Incident
Reporting the injury to your supervisor or employer is a legal requirement. The law requires employers to report any work-related incidents to the nearest OSHA office within 24 hours for hospitalization and amputation or 8 hours for fatalities.
When you report the incident, make sure to include the time, date, and circumstances surrounding the incident. Once everything is recorded, your employer can start the process of filing a workers’ compensation claim with the insurance company.
3. Document the Incident Thoroughly
The more detailed a report is, the better protection you will have when pursuing compensation or legal action.
If possible, take photos of the injury scene. Try to capture essential details like hazards, conditions, and equipment that could have contributed to the accident.
Also, get the contact information of any witnesses, as they could help strengthen your claim. If an accident report was filed, ask for a copy.
4. Follow Your Doctor’s Instructions
It is essential to follow a doctor’s instructions to recover fully. The following tips are vital to a successful workplace injury claim.
● Prescribed treatments
● Go for follow-up appointments
● Complete recommended therapies
These actions help to solidify the legitimacy of your injuries. An employer and the insurance company could also argue that your injuries were made worse because you did not seek the proper medical help.
During this period, remember to document any hospital visits and medication related to the injury. Also, keep track of the time off work, as this can impact your compensation for lost wages.
If the injuries lead to permanent disabilities, these records play a significant role in determining future benefits and compensation.
5. Understand Your Legal Rights and Options
Knowing your legal rights is crucial in work-related injuries. In most cases, workers' compensation is the straightforward way to receive reimbursement for your injuries.
However, it is essential to know the limits to what workers’ compensation covers. If your claim is denied or the injury was caused by the employer's negligence, you may have some legal options.
For instance, if an employer did not provide a safe working environment, you may be entitled to a personal injury lawsuit against the employer.
Or, if third-party equipment or contractor played a role in the accident, victims can pursue a third-party claim for damages.
It is best to work with a personal injury or workers’ compensation attorney. They will help you understand your legal rights and options, especially if the workers’ compensation claim was handled unfairly. A good attorney also ensures you are not missing out on the deserved compensation.
The Workplace Safety and Insurance Act (WSIA) governs Ontario's Workers' Compensation (WSIB). These benefits usually include:
Medical costs for work-related injuries, including as doctor visits, hospital stays, surgery, and physical rehabilitation.
Lost pay while recovering from injuries that restrict you from working.
If you have serious and lasting injuries, you may be eligible for disability and other benefits.
Disability discrimination is also illegal under Ontario's Human Rights Code.
You may also want to read the following related blog posts:
WSIB Guide: Benefits, services and responsibilities – Claimant edition
What to Do Immediately After a Workplace Accident in Ontario?
A Legal Analysis on the Medical Documentation in Disability Cases and the Duty to Accommodate
Interplay between Long Term Disability, Wrongful Dismissal, Disability Discrimination
Conclusion
Injuries at the workplace are fairly common. After an injury, taking the right steps will ensure your health doesn’t worsen and you get the right compensation.
Note that it is important to document the incident and reach out to an attorney if you feel your case was handled unfairly.
If you’ve been injured, take the necessary steps to inform your employer.
You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights and to ensure that your rights are fully protected during your recovery. By doing so, you can ensure that you receive fair compensation for your injuries and safeguard your employment rights.
With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding workplace harassment and disability discrimination, and constructive dismissal will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Ken Wat has been an avid writer since his school days. This passion for writing combined with his background in law made him the writer he is today. He loves to break down complex legal jargon into something that the average Canadian can easily understand. His work has been published on numerous sites across the internet. Ken hopes to become a distinguished lawyer one day and start his own practice.