5 Things to Do Immediately After Sustaining an Injury at Work

One of the last things most workers will be thinking about immediately after a workplace injury is preserving their claim for workers’ compensation, but oftentimes it is actually critical. Your lawyer will need as much evidence as possible to increase the chances of winning your claim. So, here’s what to do in the immediate aftermath of a workplace injury:

1) Reach out to a qualified personal injury attorney. If not immediately, then certainly very soon after, you should get in touch with an experienced Kansas City personal injury attorney who understands worker’s compensation claims well and how to successfully bring claims. The earlier you can have legal counsel working for you, the more they can do to preserve evidence in your claim that may otherwise be spoiled or destroyed.

2) Seek medical treatment. This may sound obvious, but it bears repeating since many times, workers who are injured on the job will not “feel” injured. They may want to complete their shift or task to show that they are not hurt which can actually hurt them in the long run with respect to your workers’ compensation claim. Getting medical treatment from a doctor of your choosing immediately after the accident will preserve information about your injury and will produce documentation of your injuries from an independent third party professional. Sometimes, injuries can be “silent,” such as in cases of internal bleeding, that if left untreated could cause major health complications or even death.

3) Record your version of the events. As soon as possible, write down or otherwise memorialize your version of the events of the injury—including the events leading up to it and immediately afterwards. Do not include opinions as to fault or provide information that you do not know to be a fact. Do provide as much detail as possible that you can remember. Include the names of witnesses who were there and witnessed the events, including before and after, and who can corroborate your version.

4) Follow your doctor’s orders. If your doctor tells you not to return to work for two weeks, do not return for two weeks even if you feel better or able to work. Your doctor set that time frame for a reason. Showing up early to work can also have the effect of implying that you were not that injured in the first place, and should not be awarded as much in damages. The flip side to this is that once the weeks have run, and you have not otherwise cleared a longer period off of work with your doctor, you must go back to work. Failure to do so can look like you are trying to exaggerate your injuries or symptoms and thus call into question the extent of your injuries and appropriate compensation.

5)  Stay off social media. This may sound strange and unrelated, however, attorneys for employers and workers’ compensation insurers have hit gold mines in their quest to get out of paying workers’ compensation claims through social media. If they find evidence on the employee’s personal social media accounts that they are in fact capable of performing certain activities, it could bode a defeat of your claim. Posting pictures of yourself going out with your friends when you are supposed to be at home elevating your ankle due to swelling will not play well to the jury.

Contact Us

If you need a Kansas City workers’ compensation attorney, your first call should be to Attorney Tim Starosta, who is experienced in these matters and can guide you through every step of the process. You’re not alone! Call us at 816-399-5733 today to get started.  

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The Starosta Law Firm LLC

The Starosta Law Firm is a small firm dedicated to providing every client with the customized representation they require, no matter what type of situation they are facing.

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