Note: Jack’s story is a fictional scenario presented to help illustrate how records related to workplace injuries should be maintained.
Complying with workers’ compensation laws is crucial to the success of your case. Your workers’ compensation may depend on the thoroughness of the documentation you keep about your workplace injury.
Workplace injury records are important. A workers’ compensation attorney can help you keep and organize them properly.
In this blog post, we will outline how to properly maintain workplace injury records. This is not only important for receiving workers’ compensation benefits but also for alerting your employer of potential workplace safety hazards. Accurate workplace injury records can help prevent future incidents and ensure your rights are protected in case of a workers’ compensation claim.
1. Seek medical attention if needed.
When you are injured on the job, the first and most critical step is seeking medical attention. Whether it’s something minor, like using the workplace’s first aid kit, or a more serious issue requiring a trip to the emergency room, make sure you get treated as soon as possible.
Because of the Emergency Medical Treatment and Labor Act (EMTALA), it is illegal for triage nurses in the ER to inquire about payment or insurance before assessing your injury.
They must treat you according to the urgency of your condition, even if you cannot afford the visit. It’s essential to seek care for your work-related injury, and this medical documentation will form a key part of your workplace injury records.
Additionally, you may not be responsible for the medical bills if workers’ compensation insurance covers them. This is one of the reasons keeping accurate workplace injury records is so important when filing a workers’ compensation claim.
2. Report the incident to your employer.
After seeking medical attention, it’s crucial to report your workplace injury to your employer. Failing to do so can result in delays or even denial of your workers’ compensation benefits. Reporting ensures that the incident is officially recorded, which is important for both your employer and your workers’ compensation attorney to have a clear picture of what happened.
Be sure to document the following details in your workplace injury records:
- Time and date of the incident
- Location where the injury occurred
- Description of how the injury happened
- Any witnesses to the injury
- Immediate actions taken
- Any relevant photographs or evidence of the injury
This information will be invaluable to your workers’ compensation attorney when building your case. Proper reporting is a key part of maintaining accurate workplace injury records.
3. Keep medical records related to the incident.
Your medical records are a critical component of your workplace injury records. From initial treatment to follow-up appointments, make sure you keep everything related to the injury. This could include X-rays, prescriptions, doctor’s notes, and any other medical documents that demonstrate the extent of your injury.
It’s important to keep all records, even if you think they might not be necessary. Every visit to the doctor and any diagnosis related to your workplace injury can support your claim. Contact the medical providers where you received care to obtain copies of your records, which you should securely store as part of your workplace injury documentation.
If you’re unsure what documents to collect, a workers’ compensation attorney can guide you through the process of gathering and maintaining these records.
4. Fill out any required forms.
Filling out forms is an essential step in the workers’ compensation process. Your workers’ compensation attorney will help you complete and submit the necessary paperwork for your workplace injury claim. These forms often include detailed information about your injury, how it occurred, and the medical treatments you’ve received.
Workers’ compensation doesn’t automatically activate when an injury happens. There’s a formal process that needs to be followed, and it can often be complex. Without proper completion of forms and gathering internal documentation, your workers’ compensation claim could be delayed or denied.
5. Keep employee records.
In addition to medical workplace injury records, you’ll want to keep track of any work-related losses. Document the time you miss from work due to your injury, as this can affect the amount of compensation you are entitled to for lost wages.
If your injury required workplace accommodations or modified duties when you returned to work, be sure to record this as well.
Accurate workplace injury records regarding lost wages and adjustments to your work can significantly impact your workers’ compensation case.
6. Comply with U.S. regulations.
In the United States, Occupational Safety and Health Administration (OSHA) regulations require employers to report workplace injuries to OSHA when they result in serious consequences, such as hospitalization.
While it’s your employer’s responsibility to comply with OSHA’s reporting guidelines, keeping detailed workplace injury records will help ensure that the incident is documented properly.
Your workers’ compensation attorney will ensure that your records comply with both OSHA and workers’ compensation requirements.
7. Securely store all records for the applicable retention period.
Maintaining your workplace injury records securely is essential to protect your privacy. These records should be stored in a safe location—either digitally or physically—and should only be accessible to authorized personnel.
It’s also important to know how long to keep these records. In many states, workplace injury records must be retained for several years, depending on the statute of limitations. Your workers’ compensation attorney will help you understand how long to keep these records based on your jurisdiction.
8. Review and update records accordingly.
Periodically review and update your workplace injury records to ensure they are up to date with current regulations and any developments in your case.
Keeping your records accurate and organized is essential if any legal issues arise, or if further workers’ compensation proceedings are needed.
9. Remain aware of your employer’s obligations.
It is your employer’s responsibility to educate their employees about reporting workplace injuries and maintaining proper workplace injury records.
This includes training management teams and HR personnel to understand their roles in handling and maintaining workplace injury documentation. Having knowledgeable staff helps ensure that workers’ compensation claims are handled efficiently and correctly.
Jack’s story
Jack’s story
Jack, a 35-year-old roofer from Ozark, Arkansas, suffered a severe spinal injury while performing his job. The injury was work-related, so Jack reported the incident to his employer after seeking medical attention.
Jack ensured he obtained copies of his medical records, documenting every aspect of his treatment and care. When it came to filling out the forms for his workers’ compensation claim, Jack was unsure of the process and confused by the multiple forms required by his employer.
To ensure his workplace injury records were correctly maintained, Jack contacted a workers’ compensation attorneyin Arkansas.
His attorney filled out all necessary forms, documented his injury thoroughly, and ensured that Jack’s personal information remained confidential. Jack could then focus on healing while his attorney handled the legal aspects of his claim.
How can we help?
At The Law Offices of Craig L. Cook, we specialize in helping injured workers in Arkansas receive the workers’ compensation benefits they deserve. Our experienced workers’ compensation attorneys can help you maintain accurate and detailed workplace injury records, so you can focus on your recovery.
We assist clients by gathering medical records, filling out required forms, and ensuring all necessary documentation is filed properly.
With over 60 years of combined experience, we understand how to guide our clients through the workers’ compensation process, making sure that their rights are protected.
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If you’ve suffered a workplace injury, keeping accurate workplace injury records is crucial to securing the compensation you deserve. Our experienced workers’ compensation attorneys are here to help guide you through the process and ensure that your records are in order.
Contact us today for a free consultation and let us handle the legal aspects of your case while you focus on your recovery.
