Minor on-the-Job Injury Can Turn Serious in the Future by Lindsey Novak on Creators.com

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Minor on-the-Job Injury Can Turn Serious in the Future

Q: I've heard co-workers say they felt the company had it in for them once they filed a worker's compensation claim. Can management take it out on an employee, and can you file a claim after the fact, once you find out the injury could be serious?

A: This is a common worry among employees, especially those involved in jobs requiring physical tasks. According to Karin K. Connelly, senior associate of James M. Ridge and Associates in Chicago, Ill., a law firm concentrating in workers' compensation cases, all 50 states and the federal government have separate systems for handling workers' compensation benefits. Their specific requirements in each may very greatly. Each state and the federal government have a separate time period in which an accident must be reported and in which a claim must be filed (two different things).

Generally, an injured worker is entitled to receive medical treatment, lost wages and compensation for permanent disability under the various systems, but the way an injured person receives benefits and the way they are calculated is state specific.

Certain features, though, remain consistent throughout various jurisdictions. Connelly says it is most important for an injured worker to report an injury as soon as possible. He or she must provide an accurate history of the accident and the treating physicians. If the person making the determination has questions about whether an accident is covered, he or she will look to those records to corroborate the individual's testimony.

Unfortunately, your worry about whether your employer will hold a grudge against you for the accident is a reality. Generally, the type of business and number of employees determines a company's workers' compensation rate, but a self-insured company (usually larger employers) is responsible for paying the costs associated with its claims. Regardless of pressure to ignore it or to treat it as a non-occupational injury, it is crucial that an injured worker report an accident.

An injury may initially seem insignificant, but can escalate to a life-changing condition that could require ongoing treatments, future surgeries and even a change in careers. For example, a person may try to work through what seems like minor muscle strain, only to learn months later that the injury is a herniated disc or rotator cuff tear. That injury may prevent the person from ever returning to the job that has supported the family.

Connelly also says that it is important to seek legal advice in the early stages of a workers' compensation claim. The employer hires an insurance company that employs adjusters and attorneys that work on injury claims every day. Navigating any state's compensation system is complicated, and any missteps or inadvertent errors could affect a person's ability to receive compensation benefits.

In certain circumstances, an injured person may have the right to recover additional compensation from a third party. In Illinois, for example, oral or written notice must be provided within 45 days of the injury to someone in a supervisory position. If the employee fills out an accident report, that employee should always keep a copy. If the employee gives oral notice, Connelly suggests having a witness (a co-worker or union steward) present. Though there is no specific time requirement from the time of the accident to seeking medical attention, waiting too long can make it more difficult to prove a causal relationship between the accident and the medical condition.

The final word, regardless of the specific state, second-guessing the diagnosis and outcome of an accident and not reporting it at that time is risky. If filing a workers' compensation claim results in your employer punishing you, you can seek legal help and consult the Equal Employment Opportunity Commission to see whether you can file a retaliation charge.

Email Lindsey Novak at LindseyNovak@yahoo.com with all your workplace questions. She answers all emails. To find out more about Lindsey Novak and to read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.