Workplace safety is a common part of the employment relationship.
Despite everyone’s best efforts however, workplace accidents may occur.
If you are injured while working, follow the three step guide listed below immediately following your accident to initiate your workers’ compensation claim.
Three Step Guide to Initiating a Workers’ Compensation Claim by Injured Worker
Step 1: Notify the employer.
Step 2: Seek immediate medical attention.
Step 3: Provide employer with written notice of workplace injury within 4 days following workplace accident.
Employer Notification Must Be In Writing
As soon as practical, the injured worker needs to provide the employer with a written notice of the workplace injury. If the injured worker is unable to submit the written report personally, because of a physical or mental limitation, he or she may have someone else do it for him or her.
Whatever method is chosen however, the injured worker must notify the employer in writing within 4 working days following the workplace injury or risk the assessment of penalties.
Verbal notifications are not enough. To be eligible for workers’ compensation benefits in Colorado, follow up any verbal workplace injury notice with a written notice of the workplace injury.
Late Notification Penalty
If an injured worker fails to report an on the job injury in writing within four days following the workplace injury, he or she is penalized. The penalty is you may lose up to one day’s compensation for each day’s delay if your employer has posted a sign requiring four days’ written notice of a workplace injury.
The penalty accrues daily until the written notice is provided. Pay attention to postings regarding reporting of workplace injuries and the employee handbook. When in doubt check with human resources or your supervisor.
Where to Seek Medical Attention
Many companies have a list of designated doctors that treat employees following a workplace injury. If your company uses a designated medical provider list, you must use and seek treatment from one of the doctors on the list.
The physician from the designated medical provider list becomes the injured worker’s authorized treating physician and is responsible for the injured worker’s’ medical care and treatment. If your company does not maintain a designated medical provider list, you are free to look, find, and use any doctor on your own.
What Happens Next
Once the employer is notified in writing that a worker has suffered a workplace injury, the employer files a report of the injury with their insurer. The company has 10 days to file the claim from the date the workplace injury is reported in writing.
This filing by the employer, formally commences the injured employee’s workers’ compensation claim. 20 days after the filing of the report by the employer, the insurer must notify the injured worker if the claim is accepted and when to expect the benefits to be paid. Prior to receiving benefits, the injured worker must miss three shifts or three working days of work.
Call A Federal Heights Workers Compensation Attorney Today
Workers Compensation Attorney, John Anderson, will help you avoid costly mistakes when seeking workers’ compensation benefits after suffering a workplace accident. Call the Law Office of John A. Anderson, LLC today at (303) 578-1355 or complete the online form to schedule a consultation about your claim.
Helping people in Arvada, Aurora, Brighton, Commerce City, Northglenn, Strasburg, Thornton, Westminster, and Bennet with their workers’ compensation cases, call today to schedule your consultation.