According to the U.S. Occupational Safety and Health Administration (OSHA), in 2006, 4.1 million nonfatal injuries occurred in the U.S. Injured workers spent 2.3 million days away from work, with transportation/warehousing, manufacturing, and construction ranking as the top industries for job-related injuries. Workplace injuries include strains and sprains, falls, car accidents, burns, and even cancers that may emerge years later from exposure to hazardous substances. Under some circumstances, an existing condition that is worsened by activity at work can also be considered a workplace injury. If you were injured on the job, you may be able to receive compensation from your state workers' compensation program, or through a private lawsuit.
What to do if you have been injured on the job
If you were injured on the job, get medical attention as soon as possible. Inform your doctor of the circumstances surrounding your injury. Your doctor may make recommendations about whether you are able to return to work.
Once you have gotten medical care, promptly do the following:
- File a written report to your supervisor describing what happened and the extent of your injuries. Any delay may undermine your ability to collect workers' compensation benefits.
- Interview any witnesses and include their testimonies about workplace conditions and what occurred.
- Take pictures, if possible, of any unsafe or hazardous workplace environments or tools.
With your evidence in hand, consult an attorney specializing in workplace injuries and illnesses to assess the strength of your case and weigh your options for pursuing compensation.
Your state and federal rights
If you cannot resume work, tell your supervisor immediately. Every state has a procedure that must be followed to report workplace injury. If you fail to give notice, your right to receive workers' compensation or federal Social Security disability benefits may be forfeited. Note that injuries are covered only if you get them while on the job site and while you were doing your duties. Workers' compensation covers medical expenses for the treatment of your injury, as well as lost wages, while federal disability is for permanent or long-lasting injuries.
If you report your injury and do not receive benefits, consult an attorney to learn how to challenge the denial of benefits. Unless you have a personal disability policy through your own insurance company, your dispute will be resolved in federal court by a judge, who will review your evidence file and make a ruling behind closed doors. If you lose, you can appeal.
Workers' compensation claim versus a lawsuit
You should be aware that if you accept workers' compensation benefits through the reporting process, you will not be able to sue your employer for damages. You may, however, be able to sue other parties—for instance, the maker of defective equipment that injured you, or a third party who was in some way responsible for an unsafe workplace.
Additional resources:
InjuryBoard.com: Workplace Injuries
State Occupational Safety and Health Rules
How to File a Complaint with the Occupational Safety & Health Administration
Related Legal Guides:
Social Security Disability Benefits
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