Legal Tips if you have been hurt at work

Workers' compensation is an area of law not many people think about, until they're injured. Here are five things you should know.

1.    You have to notify your employer. The law says you have 45 days to tell them about a work injury, but sooner is usually better. Waiting can give your employer a chance to argue that your injury happened outside of work. If you miss the deadline, your claim can be denied. Report your injury to your supervisor, in writing.

2.    See your doctor right away. Don't try to tough it out. Waiting can hurt your claim for benefits because your doctor might not be able to confidently say that your job is what caused the injury. You get to pick which doctor you see, and your medical bills should be covered 100%. And if your doctor gives you work restrictions (don't lift anything over 10 lbs., for example), listen. Don't shovel snow or help a friend move. Sometimes the insurance company uses surveillance to catch you doing these things.

3.    You can't sue your employer. Workers' comp is a tradeoff. Injured workers are entitled to compensation if they get hurt on the job (medical bills, lost wages, payment for permanent injury). It's quicker than going through a lawsuit and it doesn't matter who was at fault. In exchange, employers are protected against lawsuits from injured employees. You may be able to sue a third party, however.

4.    Beware of the insurance company. Throughout the process, you'll be dealing with your employer's insurer. They know what they're doing; they handle claims day in and day out. Their goal is to pay out as little money as possible. So don't take their advice on which doctors to see or whether you need an attorney. Don't give them a statement. Don't let them come with you to any medical appointments, and don't give them permission to speak with your doctor about your treatment.

5.    Get an attorney. Yes, we attorneys always say this. But here is my experience: If you don't have an attorney, the insurance company will take advantage of you. They might delay and hope you go away. They will undervalue your claim. They might not offer a settlement when your treatment is complete, and if they do, it's going to be low.

Most employers are required by law to have workers' compensation insurance for their employees. If you get hurt on the job, whether it's a repetitive stress injury or something more sudden, you should be covered. If your employer tells you that you aren't covered, get a second opinion.