C. Jeremy Lagasse, Esq.
If you have been hurt at work, you may be able to make a claim against your employer for workers’ compensation benefits. If you have broken a bone or gotten a concussion, it’s easy enough to see that you should report it to your employer. However, we see many cases where a little injury becomes more severe down the line. Questions come up about what happened and if it was reported. My advice is to record and report EVERYTHING.
I know, it’s easier said than done, right? Maybe you work in a macho environment. If you complain to your supervisor about every little nick and scratch, you might worry about looking like a wimp. You may think this could have a long-term effect on your relationship with your supervisor and your coworkers, and your reputation at work in general. However, being a great employee doesn’t mean you shouldn’t be honest about injuries and symptoms.
If you experience a tweak or a sprain and you can shake it off, good for you. Most folks sustain countless unremarkable injuries during the course of a workday. If you work in a physical job, you are going to sustain far more injuries than the average person. The key is to keep a record.
I highly recommend keeping in touch with your supervisor through written communication. Text messages and emails both work well for this purpose. The point is to write it down so you – and your lawyer – can look back at it later. Writing things down is the best way to avoid forgetting important details and to prove that what you’re claiming is true.
Workers’ compensation rules allow an employee up to 180 days to report an injury. It can be as simple as a note to your supervisor that you lifted something very heavy and felt it in your back, but you’re grateful you didn’t get more hurt. Any kind of note that was written down at the time of injury can save your workers’ compensation claim down the line, if the injury turns out to be worse than you thought.
Think of it like starting a trail of breadcrumbs. If you lay the first breadcrumb and then never look back, good. However, if you lay the first breadcrumb and you NEED to look back, you can. This is about protecting yourself, your livelihood, and those who depend on you. Put the ego aside: if you can’t work, who cares how tough you are?
At Aaron Ferguson Law, we specialize in helping people with complicated claims. We are happy to represent employees who might not have reported their injury to their employer in time. The challenges are real, but our persistent attorneys and staff will help you follow the breadcrumbs toward a successful claim. Call 651-493-0426 today to schedule a free consultation with one of our talented attorneys.
