Where Distracted Driving And Worker's Compensation Intersect: Legal Actions You Can Take
There is always going to be somebody who ignores driving rules and safety rules at work. If you have recently been injured at work because someone was not paying attention to where they were driving a forklift, construction truck, etc., then you need to take action. Here is everything you need to do immediately following your work accident.
File a Worker's Compensation Claim
File a worker's compensation claim (as long as you have worker's compensation benefits—not all workers do). This is a long form that should be read carefully before you fill it out and sign it. If there are any clauses in it that contradict your ability to claim monetary compensation for your injuries, do not sign it. Instead, have a lawyer from a worker's compensation law office read over the form and explain certain clauses to you. If he/she feels it is safe to sign the form, sign it and then return it to your employer. Your employer should file it with the worker's compensation insurance company within a week of getting the form back from you.
See a Doctor about Your Injuries
Worker's comp cannot be effectively claimed or defended if you did not see a doctor about your injuries. If the injuries were enough to visit the emergency room, then that should be a good start to your claim. You should still follow up with your regular doctor after an E.R. visit in case there are complications with stitches, bandages, or mending of your broken bones. Your medical records regarding this accident will be needed in court as well should you have to sue.
Get a Response on Your Claim
You cannot sue for worker's comp unless your claim is unfairly denied. Therefore, you will have to wait for a response from the worker's comp insurance company. If you do not get a response within two weeks, you have the right to follow up and find out where the decision is regarding your claim. If you do get a response and your claim is denied, you can speak to a worker's comp lawyer about your case. Then you may begin the process to sue for compensation through the courts. With any luck, you will not have to go to court, since the majority of these cases are resolved and settled outside of the court room.
For more information, contact local professionals like Shaw Leslie Law Office.