Your employer is accountable for your safety. As such, if you’re injured on the job, he has the duty to ensure that you are properly taken care of and provided for during the period of your recovery. This is where worker’s compensation (WC) benefits come in. These benefits can supplement medical fees and lost wages while also providing monetary compensation for pain and suffering.
However, you will only get the benefits you are due if your employer completes his workplace accident duties.
Employer Obligations
When an employer fails to keep you safe, he must then comply with the Occupation Health and Safety Administration’s rules as well as Florida statutes to ensure your recovery is handled properly. The duties that an employer must complete include:
- Providing an incident report for you to fill out, as well as providing you a copy of that report.
- Staying in contact with you and the adjuster until you return to full duties.
- Providing you medical treatment for your injuries.
- Procuring a doctor’s list of restrictions from you or directly from the doctor’s office.
- Meeting with you to see if work is available that you can do on restrictions (and discussing any pay or schedule changes).
- Contacting the adjuster to supplement pay differentials.
- Speaking with the insurance company if your injuries prohibit you from working at all.
Working With Your Employer to Get the Benefits You Need
To ensure that your employer has absolutely no reason to deny your benefits, in addition to completing your injury duties, you should comply with his restrictions and recommendations. However, also make sure that you are protecting yourself as well.
- If he tells you that you must see a specific doctor, do not argue. The insurance company handling your claim must authorize the doctor before you receive treatment. If you do not get a doctor’s name from the insurance company, you should contact your adjuster and verify that your physician is authorized.
- If he tells you to complete an accident report, do it. A detailed accident report isn’t just for his records; you can use a copy of the report in your claim as well as send it to OSHA for a review if you believe your accident was a direct result of employer negligence.
- If he limits or changes your duties to compensate for the injury, don’t complain. Limiting your duties to decrease the risk of injuring yourself further is a good idea. However, your employer may have ulterior motives. If you get upset that you can’t do your regular easy work and have to do something more complicated or boring (a desk job or dealing with retail customers), he may be trying to trick you into showing that you can still do your old job well enough not to need worker’s compensation.
Protecting Yourself Further
For more information on how to secure a firm and fair worker’s com agreement, contact our office today for a free consultation. We have over two decades’ worth of experience helping employees recover work injury benefits and encouraging employers to give them the attention and consideration they deserve. Call today to see how we can help you.