The unimaginable happens: You are on the job and everything is going as a normal day would. You’re thinking about what you want to cook the family for dinner.
Suddenly, as you walk through the hallway, you slip and fall into a small puddle. You instantly feel a sharp pain go from your neck down your entire spine.
After a few hours pass, you learn that you are paralyzed and not able to walk. The first thing you think about is how you won’t be able to work again in the same way as before. You’re scared and feeling a bit helpless.
What do you do at this point? What happens when you get an injury and can no longer work after the fact?
Keep reading this guide as we walk you through the steps to take after an injury.
Seek Medical Help First Thing
The first thing that you need to do after you get injured on the job or even outside of the workplace is the seek medical help. You may have injuries you are not fully aware of on the surface so it is vital to get checked out! Even if you feel that you are fine, if this becomes an issue in the future, you need the documents that prove that you went to the doctor or the hospital.
Collecting these documents can be used as proof for the injury itself and evidence in any case you may need to file.
When you visit the doctor or the hospital, you need to follow all the instructions given to you. There is a treatment plan for a reason, and the more you follow it, the better – not only for your health and safety but in the eyes of a courtroom as well. It is always better to be safe than sorry.
Get the Right Forms As Soon As Possible
When you are being dispatched from the doctor or the hospital, you need to ask for the right forms. If you’re trying to file a claim, insurance companies will want specifics to prove that you are not able to return to work after the injury.
When you go to the doctor, you should be receiving a DWC–25 form that your doctor completes. They should happen at every single appointment that you have. It is a document that specifies whether you are able to do certain things that may be needed on the job. You should keep a record for yourself as well as send it to the insurance company.
Hire a Lawyer Right Away
After you receive the medical attention that you need and gather the right forms throughout the process, it is time to hire personal injury lawyers, as it is better to have a lawyer behind your back that knows the ins and outs of the laws in your area. He will help you understand the legal process and represent you in court.
Your lawyer will be able to walk you through the steps you need to take with insurance as well as help you file a case. If the case progresses to court, they will also be able to walk you through the steps to take in this process. Since they have the knowledge of the industry, they will be able to fight for your rights in the situation.
No matter what happens with your claims, it is best to have lawyers by your side who know the legal implications of what has happened to you.
Understanding Work and Disability – How They Go Together
If the doctor says that you’re unable to return to work, your employer has to accommodate these restrictions that you have. If you’re able to do some things, they can accommodate for that. If you’re not able to do anything, you may receive temporary partial disability benefits. You may even qualify for temporary total disability.
This is done on a case-by-case basis.
The TTD benefits are calculated at 66 2/3% of your AWW (average weekly wages) and paid every other week. Partial disability is calculated based on the amount of work that you are physically capable of doing.
You will be able to collect your TTD benefits until you’re cleared to return to work, your doctor has declared that you are medically improved, or you have reached the cap on TTD benefits.
In a worst-case scenario, if you are unable to work at all for the rest of your life, you will need to file for SSDI. To do this, you must hold a specific job and meet the insurance requirements as well. There is an entire process to go through if this is what ends up happening out of the case of your injury.
On the other hand, you may qualify for MMI (Maximum Medical Improvement). Based on your permanent impairment rating given by your doctor, you will be entitled to a specific number of weeks of income benefits. After you reach the MMI, this can be a discussion with your doctor!
What to Do If You Can No Longer Work After an Injury
Getting hurt on the job is hard enough, but getting hurt enough to the point where you can no longer work is very frightening and overwhelming. If this happens to you, it is best to know what you have to do after the fact, though. There a specific steps to take to go about this in the right way.
How do you take the medical attention that you need, the next thing you need to do is hire a lawyer. The lawyer is going to tell you to collect all of the documents and medical records to have on file for your claim. This will help you with your insurance and with the claim itself.
A lot of what happens next will depend on the severity of the disability and injury from the job. Working with your lawyer to determine those next steps is extremely beneficial to you!
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