accident report

If you have been injured at work, do not assume that your employer and it’s insurance company will set an easy path to compensation for you.

If you’ve been injured on the job and have to miss work for an extended period, workers compensation can feel like a precious gift. It ensures that you have the necessary funds to cover the cost of treatment and sustain yourself until you can return to work.

However, a lot of individuals make the mistake of filing a claim without the help of a St. Louis workers compensation lawyer and aren’t able to face all the legal challenges. Getting compensation for your injuries is your right, that is correct. However, don’t assume that your employer will set an easy path for you.

Here are some tips from our expert lawyer to maximize your claim.

4 things a workers comp attorney can help you with

**Report Your Injuries Immediately after the Accident**

This might be obvious, but you may be surprised how many people neglect this essential step. The first thing that you need to do after a work injury (after you get first aid, of course, ) is reporting the incident to your manager. According to Missouri law, you must report the injury within 30 days after the accident took place. Keep in mind that your notice should be in writing and it must include the time, date, and place the accident occurred.

Seek Medical Aid ASAP

Not only will that prompt medical treatment reduce the time of recovery and minimize the chances of developing any complications, but it also serves as evidence when building your case. If you delay getting medical treatment, then the insurance company could argue that your injuries weren’t that severe and refuse to pay benefits or lower the amount. Likewise, make sure to follow the treatment to the letter and not give the insurance company any reason to suspend your benefits.

Be Prepared for a Private Investigation

It doesn’t take much for the insurance company to argue that your injuries aren’t as debilitating as you claim. A Facebook picture in which you are out with your friends having a drink could be more than enough to have your benefits lifted.

Insurance companies often send private investigators to check up on employees hoping to find evidence that negates your workers compensation claim. For example, if you tell your doctor that you can’t lift weights due to severe back pain, but the investigator catches you carrying groceries, that may be evidence the insurance company could use against you.

You Can Appeal the Insurance Company’s Denial

One mistake that some workers do is giving up after the insurance company denied their claim. While demotivating, denial doesn’t necessarily mean all chances are lost. With an experienced St. Louis work injury lawyer on your side, you can appeal their denial and receive the compensation you deserve. A judge will review your case and schedule a hearing to resolve the dispute.

Speak With an Attorney 24/7

Filing for workers compensation is by no means an easy process. Insurance companies are for-profit businesses and will look at every minor detail to find a reason to deny your claim. With a good St. Louis workers compensation attorney on your side, your chances of succeeding increase tremendously. Give us a call 24/7 for a FREE Case Evaluation at (314) 361-4300.

Get Help

There may be exceptions that excuse late reporting of work-related accidents.

In the state of Missouri, companies and businesses are required to carry workers’ compensation insurance. This is coverage that is mandated to keep both employers and employees safe if an employee is accidentally injured while on the job.

There are very specific procedures that you need to follow if you are hurt while working. It is therefore imperative that you know and understand what you should and shouldn’t do. If you failed to make your supervisor or employer aware of your injury immediately when it happened, that does not mean that you can’t still file a claim.

Reporting a Work Injury

When you are hurt, it is important that you let your boss know immediately. However, there are times when you may injure yourself and assume that it is nothing and not tell anyone. When that injury suddenly becomes “something,” then you will want to make sure to file a claim. The best way to ensure that you can prove that you sustained the injury while at work is to let them know immediately, but if you didn’t, all may not be lost.

To file a claim, you will have to approach your boss or supervisor and make them aware of your injury. It’s likely that your place of employment will have specific guidelines about how to fill out an incident report and the documentation you will need. The more documents you have, the better. That means that it isn’t enough to say that you were injured, you will need to have sought medical attention and have a physician verify that you were injured.

How Can You Prove that Your Injury Happened at Work?

If you didn’t report your injury when it happened, then it might be more difficult to prove not only that it happened while you were working, but also that it occurred while you were engaged in work-related activities. For workers’ compensation eligibility, you do not have to prove that your employer was negligent. But in order to collect you do have to prove that your injuries were sustained at work and while you were performing activities that were under the scope of your employment duties.

So even if you didn’t make a report immediately, you should do so as soon as you know that it was more than just a little bruise. It is also crucial that you see a physician who can both diagnose you and lend credibility to your claim that you were injured while performing work duties. If the specifics about how you were injured come into question, you will need as much proof as you can possibly get to maintain your eligibility.

If you are having a hard time with your workers’ compensation claim, it is critical that you talk to a St. Louis workers compensation lawyer to help defend your eligibility status, especially if you didn’t report your injuries immediately when they happened. You might be facing a little more resistance to getting your injuries covered.

Law Office of James M. Hoffmann

For more than 20 years, the Law Office of James M. Hoffmann has been helping work-injury victims receive the benefits they need to move forward with their lives. If you have been injured and are having any difficulty getting your rightful benefits, call our law firm today at (314) 361-4300 or fill out our online contact form.