Note: Jack’s story is a fictional scenario presented to help illustrate how records related to workplace injuries should be maintained.
Introduction
Complying with workers’ compensation laws is crucial to the success of your case. Your compensation may be dependent upon the documentation you’ve recorded about your workplace injury.
This is where attorneys come in— to help you with this process.
In this blog post, we will outline how these records should be maintained. This is important for not only receiving workers’ compensation benefits, but also to alert your employer of any safety hazards. Reporting your injury regardless of what outcome you’re looking for could prevent someone else from getting hurt.
1. Seek medical attention if needed.
When you are injured on the job, the most important step is to first seek medical attention if needed. This may look like using your workplace’s first aid kit for minor injuries or going to the emergency room to seek care for something more serious.
Due to Emergency Medical Treatment and Labor Act (EMTALA) laws, it is illegal for triage nurses in the ER to inquire about ability to pay or health insurance prior to assessing someone’s acuity level and acting accordingly. In other words, triage nurses must determine how urgent your injury is and treat you regardless of whether or not you have sufficient funds or insurance coverage.
Your right to receive medical care comes first. Even if you cannot afford the ER visit, you should still be seen right away if your work-related injuries threaten your life or well-being. Also, there’s a possibility you won’t be responsible for any portion of the bill if workers’ compensation insurance covers the cost of medical bills. This is one reason why documentation is important.
2. Report the incident to your employer.
Once your medical needs are taken care of, report the incident to your employer as soon as you can after the incident. One of the questions registration clerks in a hospital setting ask people in the emergency department is if the injury is work-related. This is one important aspect of documentation— acknowledging that your injuries were incurred while performing any task as part of your job description.
We understand severe injuries can be shocking and cause pain, so it is important to know and remember to report the incident to your employer so there is a record of and awareness of the incident.
This should include the following details:
- the time and date
- the people involved
- the location of the injury
- any immediate actions taken
- statements from any witnesses
- a description of what happened
3. Keep medical records related to the incident.
Document everything you can about the injury, from initial treatment to long-term care. This could include photos of the injury, specific details about the type of wound, the supplies needed to care for it, the services needed to assess and treat it, records of all medical visits, diagnoses received, and any follow-up appointments.
Whether the injury is ongoing or a one-time incident, keeping medical records is crucial. You can call your doctor’s office or the facility where you received treatment and request copies of these medical records. Providers should keep detailed reports of anything relevant to your workplace injury.
4. Fill out any required forms.
Once you have sought medical attention, reported the injury to your employer, and maintained copies of medical records, you should fill out any forms related to workers’ compensation (WC) coverage. This type of insurance doesn’t automatically kick in when an employee is hurt.
There is a process to follow when filling out these forms. Internal documentation should also be gathered. This includes any internal investigations such as safety audits or corrective actions taken in response to the incident. Having a skilled WC lawyer’s help with filling out forms and collecting internal documentation can allow you to focus on healing while we deal with the legal aspects.
5. Keep employee records.
One of the reasons people apply for WC benefits is because of lost wages. In addition to medical bills, missing work can be expensive. Document hours you missed/how much income you lost out on due to the injury. It is also important to make note of any modifications or accommodations made when you return to work.
Some people’s injuries make it harder for them to do their jobs when they come back, which can affect their paychecks. A good rule of thumb is to document any relationship the injury has with your money.
6. Comply with U.S. regulations.
In the United States, we abide by Occupational Safety and Health Administration (OSHA) laws. It is the employer’s responsibility to report the incident to OSHA so they can make sure safety and health standards are being met.
7. Securely store all of these records for the applicable retention period.
Keep all records confidential and in a safe place, whether that be in digital or physical format. Limit access to these records to authorized personnel only. This ensures that your sensitive information is protected.
It is also important to keep these records for a certain amount of time after the incident, also known as the “retention period.” Your lawyer can inform you, based on your jurisdiction, how long your records should be kept after you suffer an injury. In many areas, the law requires these records to be kept for several years.
8. Review and update records accordingly.
Every once in a while, it is good to review and update your records to make sure they are in compliance with the most updated changes in regulation or company policy.
9. Remain aware.
It is the employer’s responsibility to educate employees on how to report workplace injuries and the importance of accurate record-keeping. Employers should also train their management teams. Managers and HR personnel should understand their roles and responsibilities in maintaining and handling these records.
Jack’s story
Jack is a 35-year old roofer from Ozark, Arkansas who suffered a spinal injury while performing his job duties. Because his injury was work-related, he reported the incident to his employer after receiving medical attention.
Jack asked his nurse for copies of his medical records, which he kept in a safe place at his home. When it came to filling out the forms required for a workers’ compensation claim, he got a little lost. After reading through Forms 1-4 and Forms A-W, he was still confused.
He reached out to a lawyer to express his uncertainty regarding what he needed to fill out and what was his employer’s responsibility. Jack also had appointments to attend, and he needed plenty of rest. The time and energy he could devote to the claim were dwindling since he was focused on healing from his injury and getting back to work.
Jack’s attorney filled out all the necessary forms on his behalf while keeping his personal information confidential.
How can we help?
Here at The Law Offices Of Craig L. Cook, we are experienced in helping injured workers not only receive the benefits they deserve, but also maintain all records in the process. We can inform you of your rights according to workers’ compensation laws and help you meet requirements before the deadline arrives.
Conclusion
You may be wondering how you’re going to pay for medical bills or make up for lost wages after suffering a workplace injury. If this is the case, book a free consultation with us to get started.
Even if the injury was your fault, you still may be eligible to receive benefits. This is because Arkansas is a no-fault state when it comes to workers’ compensation laws. We have over 40 years of combined experience serving clients like you in Arkansas.
We work for working people, so let us work for you!
