My Boss Doesn't Want Me To Report My Workplace Injury
Q: I was injured at work yesterday and I don't know if it's serious or not. My employer frowns on work injuries so I'd like to avoid reporting it if I can. Should I report it?
A: My recommendation is that you always report any incident in which you were injured at work as soon as possible. Most employers require immediate reporting of an injury.
Workers' compensation laws also require that the injury be reported to the employer within a prescribed amount of time.
You should also seek medical treatment as soon as possible to document the injury. If it turns out to be serious, and you do not document it or do not notify your employer, you could lose your right to bring a workers' compensation claim. There are also laws that protect you from retaliatory action by your employer for reporting or seeking workers' compensation benefits.
Aggravation of Pre-existing Conditions in Accident Law
Q: I've had a bad back for years and recently was in an accident and now it has made my condition worse. Can I still recover?
A: You can recover for aggravations of pre-existing conditions. In other words, any increase in the amount of pain and suffering you've had as a result of this accident is compensable. Also all of your medical bills, lost wages and other out-of-pocket expenses directly related to the exacerbation of your injuries are compensable. These are complicated cases of which I have handled many over the years.
Contact me and I can map out the best strategy for you to recover in this situation.
At Fault in Workplace Injury
Q: What if my work injury was my fault? Can I still recover?
A: Workers' compensation is a no-fault system. In other words, you do not have to prove that your employer or someone else was at fault to recover for your injury. You can recover for your injury even if it was your own fault.
What has to be proven is that your injury arose out of and in the course of your employment. While this may seem straightforward, there can be complicating factors that make injuries seem like they should be compensable, non-compensable, and injuries that you may not know are compensable, compensable.
An example of this would be if you are injured in your employer's parking lot arriving or leaving work. In many instances this type of injury could be compensable. However, if you are injured in a similar manner in a public parking lot arriving or leaving work, it may not be compensable. There are exceptions to each rule making some injuries in the employee parking lot not compensable and some injuries in a public parking lot compensable.
This is why it is important to consult with an experienced workers' compensation lawyer to determine if you have a compensable claim.
I have handled thousands of workers' compensation cases over the years and can bring my experience to work for you.