What To Do If You Are Injured At Work

San Francisco Personal Injury Lawyer Discusses On-the-Job Accident Compensation


If you are injured at work, you should inform your supervisor immediately, as it’s necessary for your compensation process to begin. You also want to ensure to keep copies of your medical forms. This is necessary for the compensation process to run smoothly. The copies can be used where evidence will be required.

1. What should I do if I am injured at work?
You should start by reporting the injury to your supervisor, both verbally, and in writing. There are some states which will require the employer to be notified in writing while others accept verbal notification. To be on the safer side try to report in writing. The report should be made as soon as possible to avoid statute of limitations from affecting your case.

2. If I’m hurt or get sick at work, can I go see my own doctor, or do I have to be treated by the company’s doctor?
Under the Federal Employee Compensation Act (FECA), you can select any doctor, but there are restrictions on the use of chiropractors. If you are not a federal employ, then you will not be covered by FECA and the state law will apply. If you did not specify your preferred doctor by writing to the company before your injury, then the company will provide a doctor who will treat you until 30 days after which you will be allowed to choose your own doctor. Under FECA, your doctor can submit medical reports for compensation purposes, but if the employer will raise questions, you will have to undergo medical examination by a different doctor. This is referred to as second opinion exam.

3. How do I file a workers’ compensation claim?
Filing for workers compensation is similar to filing for an insurance claim. It is not a lawsuit against your employer but a request for payment as compensation for your work injury. You will be required to notify the employer who will offer you a claim form for you to file. The claim form must be filled out before the employer can offer any benefit. The form has sections for employee to fill and the section of an employer, always fill your section and sign it with dates. After you sign, then you will be required to hand over to your employer who will fill in his or her section and hand over the form to his or her workers insurance company.

4. What if my employer does not have workers’ compensation insurance?
There are very few exceptions where an employer will not have workers compensation. They include areas such as domestic employees, independent contractors and agricultural employees. If the employee will claim he does not have insurance coverage, you can contact your state government agency and ask if there is any coverage. If there will be no coverage provided by the state, you can contact a San Francisco employment lawyer who will help you sue the employer for negligence.

5. Do I need a lawyer?
This will depend on the complexity of your case. If the case is too complex for you to handle, then you can contact your local accident lawyer. If you will have to stand before a judge in the court of law, then you will need a lawyer to represent you.

6. What if I am not happy with how my claim is resolved?
If you are covered by FECA and you disagree with the decision made by office of workers compensation programs, you can request for an oral review of the record. The application can be made at the Branch of Hearings and Review. If you will request a review, the request should be followed by evidence which was not initially submitted. You can also ask for a review by employee’s Compensation Appeals Board. If the claim will not be settled, you have the option of going to the compensation administrative law judge or even to the judicial system.

7. What are the rules about workers compensation in my state?
Each state has its own guidelines when it comes to workers compensation, you should check the guidelines in your specific state or contact your personal injury attorney for more information.

Need Legal Representation in the Bay Area? Contact San Francisco Attorney Daniel Vega

If you’ve suffered a personal injury accident or are caught in an employment dispute, San Francisco personal injury attorney Daniel Vega will manage your case, ensuring that you receive fair representation in county, state or Federal courts. Contact the Law Offices of Daniel Vega via our online contact form here, or by calling (415) 287-6200.