Tag Archives: reporting an injury

Tips on Your Workers’ Compensation Claim

I just returned from New Orleans where I made a presentation to about 150 workers’ compensation lawyers (both for workers and for employers) on “Case and Client Evaluation In Workers’ Compensation”.

Since many in the audience represented insurance companies and employers, I paid particular attention to their response to my presentation. As one would expect, their best chance to win a case on behalf of the employer and insurance carrier occurs when several items come into play:

  1. When there is no actual report of the injury. [Worker’s Tip: No matter how small the work injury, make sure it is reported in some fashion – cell phone, voice recording, or Accident Report and the worker keeps a copy (BEST).]
  2. Failure to report that a work injury occurred to the first treating practitioner (whether Emergency Room, employer-directed medical facility, hospital, or primary care physician). The single most difficult hurdle in a workers’ compensation claim involving a traumatic injury occurs when no report of the injury is found in the initial medical record.
  3. In “Occupational Exposure” cases, no discussion with the doctor about work duties or prior incidents. (In Wisconsin, a worker can recover for workers’ compensation in one of two ways: 
    1. A traumatic injury where a single incident has caused the disability (lifting a box, falling, etc.)
    2. Occupational Exposure, where the wear and tear of a worker’s job causes the disability over time. In this latter category, workers routinely do not indicate with any kind of specificity the type of work they perform when they see the doctor.

These three tips can help us as workers’ compensation lawyers win claims, more so than any “Clarence Darrow” court room techniques or strategies.

Telling your supervisor about an injury is not enough. Here's what else you need to do.

injured workerToday’s post comes to us from our colleague Matthew Funk of New York and is part of an ongoing series of questions and answers about workers compensation.

QUESTION: I TOLD MY SUPERVISOR ABOUT THE ACCIDENT BUT I DID NOT SUBMIT AN ACCIDENT REPORT. AM I GOOD TO GO WITH THE VERBAL NOTICE?

ANSWER: ALWAYS REPORT AN INJURY IN WRITING

Joe was working a construction job when Mike accidentally beaned Joe on the head with a 2X4. After seeing a couple of Tweety Birds and a whole bunch of stars, Joe went down to his supervisor’s station and told him he had just had an accident. Then he went off to the ER to make sure he was not seriously injured, relieved he had taken care of business at the job site. All he had to do now was get better.

No, Joe! No!

Yes, Joe satisfied the notice requirement. However, Joe was NOT good to go.

Supervisors sometimes have a funny habit of forgetting Continue reading

Workers' Comp Q & A: I told my supervisor about the accident, is that enough?

Today’s post comes to us from our colleague Matt Funk of New York.

QUESTION: I TOLD MY SUPERVISOR ABOUT THE ACCIDENT BUT I DID NOT SUBMIT AN ACCIDENT REPORT. AM I GOOD TO GO WITH THE VERBAL NOTICE?

ANSWER: ALWAYS REPORT AN INJURY IN WRITING

Joe was working a construction job when Mike accidentally beaned Joe on the head with a 2X4. After seeing a couple of Tweety Birds and a whole bunch of stars, Joe went down to his supervisor’s station and told him he had just had an accident. Then he went off to the ER to make sure he was not seriously injured, relieved he had taken care of business at the job site. All he had to do now was get better.

No, Joe! No!

Yes, Joe satisfied the notice requirement. However, Joe was NOT good to go.

Supervisors sometimes have a funny habit of forgetting conversations or oral notices of an accident. Even if Joe’s supervisor were his best friend, when push came to shove there could be no telling what the supervisor might say in Court front of a Judge.

Furthermore, Continue reading