7 Steps to Take After a Work Accident

Workers’ compensation provides a safety net for injured workers. But the benefits from a workers’ comp claim can fall far short of fully compensating you after you suffer an injury in a work accident. Unfortunately, the law bars most lawsuits against your employer as long as it complies with workers’ comp laws.

However, you can pursue a third-party lawsuit against any person or business other than your employer that contributed to the cause of your injuries. To pursue these claims, you need to preserve your legal rights and options after your accident.

Steps to Preserve Your Rights

Most employees are covered by workers’ compensation. Many also have third-party claims. Under both systems, you will deal with insurers.

Insurers do not earn profits by paying claims generously. Both workers’ comp and liability insurers have an incentive to delay, deny, and defend against the claims you may file after your work injuries.

You can improve your chances of winning or settling your workers’ comp claim or work accident lawsuit by taking steps to preserve your legal rights and options. Actions that you can take after a work-related injury include the following:

1. Prioritize Well-Being and Assess Injuries

Start by securing the scene, if possible, to prevent further injuries and provide first aid to anyone who needs it. You should check your injuries to determine what you can and cannot do.

If your injuries have left you mobile, you should check on anyone else injured in the accident. Contact the paramedics if anyone, including you, needs emergency medical assistance.

2. Seek Appropriate Medical Attention Promptly

You should seek an appropriate level of medical attention for your injuries. Request an ambulance for incapacitating or life-threatening injuries. Go to the emergency room for serious but non-life-threatening injuries. If you have minor injuries or complaints of pain due to unknown injuries, try to see a doctor as soon as you can.

Seeking medical attention helps you document the severity, cause, and timing of your injuries. These medical records will play an essential role in your insurance claims or lawsuits.

3. Report the Accident

To trigger your workers’ compensation rights, you need to inform your employer of the accident. The sooner you report the accident, the better. Wyoming, for example, gives you only 72 hours to notify your employer.

If your injuries occurred on the road, report the motor vehicle accident to the police. Most states, including Wyoming, require drivers to report all accidents involving injury, death, or at least $1,000 in damage.

4. Document the Circumstances

If you can, take photos and videos of the accident scene and take notes about who witnessed the accident. If you believe you were injured by equipment failures, try to get pictures of the defective equipment. Better yet, see if you can secure the equipment so you can have it examined.

5. Keep Medical Records

You will need copies of your medical records, including:

• Doctor’s bills
• Prescriptions and over-the-counter medication purchases
• Notes restricting your activities

These medical records will help you prove the costs and losses you suffered. They will also help you connect your losses to your injuries from the accident.

6. Consult With an Injury Attorney to Seek Compensation

Workers often have more than one option for pursuing compensation for work injuries. You do not necessarily need to choose between these options.

In some cases, injured employees can pursue workers’ comp and a third-party lawsuit. A work injury attorney can review your situation and identify all possible sources of compensation. The lawyer can file claims and lawsuits to seek full and just compensation for the losses you experienced.

7. Stay Informed About Your Rights and Responsibilities

You will have a lot going on with your workers’ comp claim and third-party claims. You need to stay on top of any communications you receive from insurers and opposing parties so you do not miss any deadlines or waive any rights. A work injury lawyer can provide logistical support with calendar deadlines and make sure all responses are sent on time.

Frequently Asked Questions About Work Accidents

Here are some answers to questions people often ask about the steps to take after a work accident:

What Are the Right Steps That a Worker Should Take After an Injury at Work?

While you should take many steps to preserve your legal rights, two in particular stand out as critical. First, report your accident to your employer. You can lose your right to seek workers’ comp benefits if you fail to do so. Second, seek medical attention. Your medical records will be important in workers’ comp claims and work injury lawsuits.

Can I Sue My Employer for a Workplace Accident?

You usually cannot sue your employer for workplace accidents, even if your employer acted negligently. As long as your employer complies with workers’ comp laws, it will probably have immunity from injury lawsuits by employees–but this depends on the industry and the type of work you were performing when you were injured.  It is important to consult with an experienced trial lawyer about your rights if you were injured at work.

You can sue third parties who contributed to the cause of your injuries. For example, drivers, manufacturers of defective equipment, and owners of property with hazardous conditions might bear liability for your injury separate from and above your workers’ comp benefits.

What Compensation Can I Get for a Work-Related Injury?

Workers’ comp provides basic benefits, including necessary medical treatment, therapy, and medication. If your injuries disable you, workers’ comp also pays a portion of your wages. In Wyoming, temporary total disability benefits cover two-thirds of your wages up to a predefined statewide average wage.

Compensation for third-party claims can include your economic and non-economic losses. These losses include unreimbursed medical expenses and income losses, as well as your pain and suffering.

Contact Our Work Accident Lawyers to Learn More

Work injuries can temporarily or permanently prevent you from working. You might not even be able to care for yourself. Contact us to learn what to do after a work accident and how we can help you recover compensation for your injuries.