Industrial accidents are more common than many people think, and they result in some of the most serious injuries. This is little comfort, however, to injured workers and their families, especially when they lose their jobs, wages, or, in the worst of situations, their lives. If an industrial accident happens due to unsafe or negligent working conditions, you may have the right to recover compensation. Below, our Baton Rouge industrial accident lawyer explains some of the most common mistakes made after these incidents and how to avoid them.
Not Reporting the Accident
The first thing you should do after an industrial accident is report it to your manager or supervisor. This is a critical step because it will form the basis of your claim to receive benefits. The sooner you file the report, the earlier you can obtain workers’ compensation benefits or other types of compensation. Failing to report the accident and resulting injuries can result in a forfeiture of any compensation at all.
When reporting the accident, make sure you include as many pertinent details as possible. In Louisiana, you have only 30 days to report the accident.
Not Seeking Immediate Medical Attention
If you delay seeking medical attention, it can be devastating to your claim. One of the most important pieces of evidence for your claim is your medical report, particularly if you are filing a personal injury claim or workers’ compensation claim. A medical report will document the nature and severity of your injuries, including your prognosis, all of which are important for obtaining the compensation you need.
Immediately seek medical attention after suffering an injury and tell your doctor all of the accident details and the symptoms you are experiencing. In addition to documenting your injuries, the timing will establish that the injuries are serious, work-related, and not pre-existing.
Not Disclosing Pre-Existing Conditions
It is important that you remain honest with any doctor you see about any pre-existing conditions you may suffer from. If you lie about them, you may obtain the medical report you were hoping for, but the truth will eventually come out when your claim is further investigated. This will damage your credibility, and you will not be able to repair it. This will greatly hurt your chances of claiming any compensation at all. Always make sure you disclose any pre-existing conditions, as this will not harm your chance of compensation.
Posting About the Accident on Social Media
Although you may be in the habit of posting everything to social media, this is a mistake after being involved in an industrial accident. Investigators into industrial accidents are thorough and anything you post to your social media accounts will be placed under intense scrutiny. Even if you use privacy settings, these are not enough to prevent investigators from seeing the posts.
Comments and photos about the accident will be taken out of context, and they will be used against you to reject your claim. Even if you think you are not posting anything that will hurt your case, you could be wrong. It is better to stay quiet about the accident so you do not hurt your case.
Not Returning to Work When Able
You should return to work as soon as your doctor says you are able to. If you do not, you could lose the benefits to which you are entitled. For example, your doctor may say that you can return to work but that you must be placed on light duty. In this case, your employer may delegate you to a position that does not pay as much as your previous position.
In this situation, you may be tempted to simply not return to work at all, but that is a mistake. You may be able to obtain benefits to compensate for the reduced income, but only if you return to work when the doctor says you are able to.
Not Contacting an Industrial Accident Lawyer in Baton Rouge
Industrial accident claims are complex, whether you are filing a workers’ compensation claim or a personal injury claim. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer can make the aftermath of an accident easier by handling all of the legal aspects of your claim. To obtain the full and fair compensation you deserve, call us today at (225) 963-9638 or fill out our online form to schedule a free consultation and learn more about how we can help.