How logistics workers can protect themselves after on-the-job injuries
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The logistics and warehousing industry is essential to the economy. However, it is also physically demanding because it requires, at a minimum, some form of standing/walking for long periods, lifting heavy materials, and/or using machinery. The demands of this industry make it very easy for workers to sustain injuries.
If you have sustained an injury while working, it is important to understand your rights, and what you can do to protect your health, finances, and employment.
Report the injury immediately
The first and most critical action you will want to take is to report the injury to your supervisor or manager immediately it occurs. Failing to report the injury promptly can cause issues for your workers’ compensation claim. It could raise questions of whether you were even injured at work. Keep a written record of your report for future reference.
Report the injury, even for something that feels minor. Some injuries, like a back injury, or cumulative trauma, compound over time.
Get medical help immediately
Go to an authorized health care provider under your employer’s workers’ compensation insurance plan. Be honest and as detailed as you can be about how the injury occurred, and follow the instructions/treatment prescribed by the doctor.
Some states allow you to choose your doctor but others have a list of authorized providers and require you to get treatment from the list. Be sure to understand the rules of your state.
Keep records
Keeps a complete record of everything involving the injury, including the following:
- The date and time of the injury
- People who witnessed the incident
- The doctors you visited and any diagnoses
- Expenses related to treatments or transportation to appointments
- Dates missed from work and income lost
Know your workers’ compensation benefits
Workers’ compensation benefits should cover payment of:
- Your medical bills for the injuries you incurred
- Partial wage replacement if you miss work
- Disability benefits if your injury resulted in an impairment
- Vocational Rehabilitation if you must be retrained to work at another job.
Accepting workers’ compensation benefits typically requires waiving the right to sue your employer. However, a potential case may still be worth pursuing if a third party, such as a contractor, subcontractor or manufacturer of an involved piece of equipment is culpable. Your personal injury lawyer can help you understand your compensation benefits.
Speak to a workers’ compensation attorney
If your claim is denied, benefits cannot be paid on time, or you are pressured to return to work, you should contact a duly licensed attorney, ideally one who specializes in workplace injury. They will help you understand your options for pursuing workers’ compensation. If you are in Arizona, the window to file a claim is limited. Speak to Zanes Law personal injury attorneys as soon as you can. They can:
- Assist you in filing or appealing a claim
- Negotiate with insurance adjusters
- Ensure you get what you are entitled to benefit-wise
- Determine if you can also pursue other legal claims against another party (third-party).
Stick with your treatment plan and doctor’s recommendations
Sticking to a treatment plan is usually easier said than done, especially if you need a paycheck to pay the bills. Don’t rush back to work! If you do, you might make things worse.
If your employer offers an option for light duties, ensure that the work is compliant with your doctor’s restrictions before agreeing to it. If you suffered severe or chronic injuries, you may need to rethink your career path. Explore the following:
- Rehabilitation programs to help you transition to less physically demanding roles
- Training grants or job placement services offered through workers’ compensation or state programs
- Disability benefits if you’re unable to work long-term.
Understand your rights against retaliation
Employers cannot retaliate against you for filing a workers’ compensation claim. Retaliation can include:
- Firing or demotion
- Harassment, discrimination, or intimidation
- Reduced hours or unfavorable job changes following the claim.
If you suspect retaliation, you may have grounds for an additional legal claim. Document the behavior and seek legal guidance.
Stay informed about safety regulations
Self-protection does not stop with your claim. Be aware of OSHA regulations and your company’s safety policies. If you see a risk, speak up! Each employee has the opportunity to ensure a safer workplace by being proactive.
Just remember, your employer has a responsibility to provide a safe workplace and can be charged for any unsafe conditions!
Start avoiding on-the-job injuries
If you work in the logistics sector, there are a few ways to protect yourself in case of a workplace injury. Your first response determines how things will go. Seek the opinion of a personal injury attorney when in doubt. They will ensure you understand your rights and get what you are entitled to.