Injured at Work. Now What?

Being hurt at work can be a difficult and perplexing experience. Your physical, emotional, and financial well-being may be impacted, leaving you unsure of what to do next. When you are hurt at work in Oklahoma, there are specific actions that you must take. In this blog post, we'll go over what you can do to defend your legal rights, make sure you get the money you deserve, and get the treatment you require.

1. Report the Injury

The first thing you should do after suffering an injury at work is to report it to your employer. It is best to do so in writing, either via email or text message to your supervisor or boss.  According to Oklahoma's workers' compensation laws, you have 30 days to report the injury to your employer. However, it is always best to report the injury as soon as possible. Failure to report your injury promptly will make your case more difficult to win.  You should also request to fill out an accident report if you are able.  If your employer doesn't want you to fill out an accident report or delays this process, you should contact an attorney immediately.  

2. Seek Medical Attention

Your health should be your top priority after an injury. If you require immediate medical attention, seek it right away. If your injury is not an emergency, make sure to tell your employer that you need to see a doctor and ask them where you should go. As with reporting your injury, it is best to make this request in writing, either by email or text message, to your supervisor or boss.  Your employer should provide you with a list of approved medical providers that you can see for your injury.  If your employer does not allow you to go get medical treatment or does not give you the name of a provider to whom you should go, you need to contact an attorney immediately.  Once again, if your injury is an emergency, you should go to an emergency room first.  

3. File a Workers' Compensation Claim

You are not required to hire an attorney to file a workers' compensation case for you in Oklahoma; however, there are some things you should know about choosing to be unrepresented in your case.  There is no such thing as “bad faith” in Oklahoma for an unlitigated workers' compensation case. This means that the adjuster can delay your benefits, not call you back, promise you they will send you your weekly check knowing that they have no intention of doing so, or outright deny you any benefits at all, at any time, and for any reason.  In most cases, it doesn't even matter if your employer is telling their insurance carrier to give you the medical treatment and money you are entitled to, the insurance company still has the ability to refuse to pay.  Therefore, it is my strong recommendation that you contact an attorney as soon as safely possible after you sustain a work-related injury, even if the insurance company is paying you benefits and providing you with medical treatment.  

At the Chaney Law Firm, we don't allow the insurance company to dictate when benefits will be provided.  From day one, we pursue a trial for the benefits to which you are entitled.  The legal process can be slow, which is why we don't wait around for the insurance company to voluntarily pay you.  We request a trial, and if they pay you before the trial, great; we will move on to pursue the next benefit to which you are entitled.  

4. Follow Your Doctor's Orders

After seeking medical attention, it is crucial to follow your doctor's orders. This includes attending all appointments, taking prescribed medication, and following any restrictions on your activity. Failure to follow your doctor's orders may result in the loss of your workers' compensation benefits, not just your medical treatment.  

5. Keep Detailed Records

Keep detailed records of your injury, including medical bills, receipts, and any communication you have with your employer or the Workers' Compensation Commission. This documentation will be critical to ensuring that you receive the compensation and medical care you need.

In conclusion, being injured at work can be a traumatic experience. However, by taking the proper steps, you can protect your rights and ensure that you receive the compensation and medical care you need. Remember to report your injury, seek medical attention, hire an attorney to file a workers' compensation claim, follow your doctor's orders, and keep detailed records.