Monday, November 26, 2012

Understanding Work Accident Claims


Many workers are shy about pursuing legal action following a workplace injury. Even if employees choose not to sue their employer, they should ensure the proper documentation and medical attention are handled promptly. It's possible for managers and HR personnel to talk to you immediately after a workplace injury as though they're looking out for your best interests. Even when they're completely sincere, things can change when the discussion goes to committee, and the collective account of what actually happened slowly changes to minimize their liability.

When a workplace injury occurs, always treat it as though you're going to file a workplace accident claim. If you choose to do nothing after making the proper reports and medical visits, there's no harm done; but if you don't account for and treat you accident with the seriousness it deserves, before long, it will be too late to change your mind if you suddenly decide to seek financial recovery.

So what should you do if you've had an accident in the workplace? The first step is to tell your supervisor at once, and ask for the first aid representative. Your Human Resources manager (who will probably be the first aid rep as well) will ask you to give a detailed account of the incident for an entry into the accident book. Be sure to read the log entry before signing it.

Next, if you have a union representative, report the accident to him or her. If possible, all relevant parties on-site should be informed the day of the incident, so that the details are fresh and less likely to be contested. If you need to take any day off from work due to the injury, inform your employer. US law requires that companies file an accident report with OSHA within 8 days of any injury-related days off, while UK law requires that companies file without the HSE if 3 or more days are taken off due to an accident in the workplace. While this is legally the obligation of your employer, not having a public record of the incident will make it difficult to file a Workplace Accident Claim.

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