Work Accident Law

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Daniel L. Hightower, work accident lawyer, has been helping injured workers with their work accident claims since 1976. As an injured worker under the workers’ compensation law you are entitled to receive medical treatment and prescription drugs. You may also be entitled to wage loss reimbursement for time you have been unable to work. Most employers are required to carry workers’ compensation insurance.

If you have been injured at work and have questions, please contact us for a free consultation. There are no fees and no costs if no recovery of benefits or settlement is made for you.

Do you think your work injury may have been caused by a faulty product, unsafe work environment or  someone else? You may be able to make a claim against a third party. Contact us for a free consultation and let Daniel L. Hightower review your options.

There are time limits for filing a work injury claim and time limits for keeping the claim from being closed by the insurance company. Once you are injured at work or become aware of a work injury, you have 30 days to report your injury to your employer. Generally, you have two years from the date of your injury to file a claim. Failure to report your injury within 30 days may be used as a defense against your claim regardless of the two-year Statute of Limitations for filing a claim. The Statute of Limitations in workers’ compensation cases is two (2) years from the date of accident, or (1) year from the last time the employer/carrier provided medical treatment or paid compensation benefits to you, whichever is later. Other statutes may also apply to the determination of when the Statute of Limitations began to run or when it expires. If the Statute of Limitations expires, you will probably not be able to pursue your claim.

 

What To Do:

If you have been injured at work you should immediately tell your supervisor or employer. The supervisor or employer should fill out a form called the First Notice of Injury. Make sure you receive a copy of that form.

You should be sent to an authorized doctor by your employer and the workers’ compensation insurance company. Generally, you cannot choose your own doctor for treatment unless your employer fails to provide medical care after it is requested.

You should never provide a recorded statement to the insurance company or your employer.

You should make and keep regular doctor appointments with your treating physician. This will help the doctor identify your injuries, treat your injuries and document your continuing injuries, pain and problems. Once the doctor releases you from active treatment, you should probably make appointments to see the doctor once every two months thereafter if your injuries, pain and problems persist and are permanent in nature. This will get you needed treatment and help us document the permanent nature and severity of your injuries, pain and problems.

On each visit to the doctor, you should ACCURATELY describe your physical pain and problems from the subject accident or collision and name the body parts where you are having the pain and problems. Also discuss any activities that you cannot do because of the pain or cannot do as well or cannot do as long. These might be activities at work and these might be activities at home or recreational activities. If you have any depression or anxiety because of the accident and/or injuries report that as well. If you don’t have something, don’t report that you do. Don’t overstate your pain and problems and don’t understate your pain and problems.

If you are in pain and over-the-counter pain medication does not help, you should ask your doctor for prescription pain medicine. This will get you treatment that you need and deserve and make you more comfortable during the healing or improvement process. This will also help us document that you have had and do have real and permanent pain as a result of your injuries.

If you cannot work because of your injuries, pain and problems, you should report this to your doctor and describe to him or her exactly what it is about your injuries, pain and problems that makes you unable to do your work duties 8 hours per day. If your doctor agrees with you that you should not work during the healing or improvement process, please ask your doctor for a no-work slip. If your doctor believes that you are capable of light duty work, please ask your doctor for a light duty work slip with written physical restrictions on it.

If your doctor gives you any prescriptions for pain medicine and/or no-work slips or light duty work slips, please photocopy those before you do anything else with them. They will more than likely be evidence in your case that we will want to preserve.

You should keep your physical activities within the medical limitations that your doctor places on you. If you engage in work or other activities that exceed your medical limitations, you run risk of hurting yourself worse and suffering the rest of your life. Even if you wake up in the morning feeling fairly good, you should still keep your activities within your medical limitations.

The attorneys at Daniel L. Hightower, PA will help you navigate your way through this process. We are on YOUR side. Contact us today for a free consultation.

Mr. Hightower will only represent people that he believes have legitimate claims. He will require you to sign a letter promising that your injuries are legitimate and accident related. He will have NOTHING to do with someone trying to pursue a fraudulent or frivolous claim. Those people and those claims undermine the credibility of people with legitimate claims and the ethical lawyers representing them.

Click here for our FAQ about Work Accident Law.