If you were injured on the job as a result of an accident or an employer’s negligence, you may be eligible to file a workers’ compensation claim. Workplace Injuries and the filing process can be difficult to navigate. Workers’ compensation does not follow the same rules and laws as a run of the mill negligence claim. Each state maintains an employee labor commission and each employer is required to maintain workers’ compensation insurance for all their employees. Depending on the nature and severity of the injury, claims can be paid out for life, and some workers may be eligible for survivorship benefits to the family. Not surprisingly, companies and employers try to invalidate worker claims when at all possible to save money. In fact, employers will even go to the lengths of hiring a private investigator to “tail” the employee claimant. Later, the employer will try to use the surveillance as evidence in a hearing to dispute the severity of the worker’s injuries. This might seem unfair or intrusive, but it is perfectly legal.
Filing a Workplace Injury Claim
After an injury at work you should seek medical treatment. Contact your employer as soon as possible to notify them of your injuries. Inform your doctor that the injuries sustained were the result of a workplace accident. Medical providers need this information for their files and because they are required to complete a Physician’s Initial Report of Injury regarding the claim. Your physician may also be asked to testify if the workers compensation claim is litigating in a hearing. The employer is then required to file a First Report of Injury Form with the Utah Labor Commission Division to open your claim. Your employer should also contact their workers’ compensation insurer to notify them of the open claim.
It is also to be expected that if your claim is disputed, your medical records and medical history will be requested by the employer’s defense team and subpoenaed as part of discovery. Even if your claim is in dispute, it is important you follow the instructions of your doctor, attend all appointments, physical therapy sessions and consultations as necessary. If your doctor provides a work accommodation note, provide a copy to your employer. Keep a log of all interactions or discussions with your employer regarding the accident or your potential claim. If you are suspended, your hours or pay are cut, or you are fired, contact Rocky Mountain Personal Injury Center immediately. Our attorneys are licensed in Utah, Wyoming and Idaho, and we specialize in plaintiffs’ claims, including filing workers compensations claims on behalf of the employee.
How to Protect Yourself if Surveilled
If the cause or severity of your injuries is disputed by your employer, your claim may wind up in litigation. However, the claim is not filed in the county court, it is presided over by the labor commission. Both parties are able to gather evidence during the discovery period. This evidence includes surveillance of the employee when in public. For example, if an employee is out of work due to an arm injury and is unable to use the right arm or hand, the employer’s attorneys might hire a private investigator to follow the employee while he completes errands. If the employee is seen pumping gas with the right hand, walking without a cast, sling, or crutches, or lifting heavy items, he or she might be photographed or videotaped, and that recording may be used as evidence to indicate the employee’s injuries are not as severe as he or she purports them to be.
Schedule a Consultation with Our Attorneys
Workers’ compensation claims can be difficult to handle without representation. It is illegal for an employer to fire an employee because they are no longer able to work their regular shift or complete routine duties. If the worker is hurt within the scope of the employment, then that worker is entitled to damages. Do not let intimidation or surveillance get in the way of filing your claim. You deserve compensation for your injuries, lost wages, and out-of-pocket medical expenses. Contact our attorneys at Rocky Mountain Personal Injury Center today for a consultation to discuss your options.
