Steps to Take After a Workplace Accident

Workplace accidents can happen suddenly, leaving employees injured and uncertain about their next steps.

This blog post walks you through the essential steps to take after a workplace accident and answers key questions about how to safeguard your future.

1. What is Worker’s Compensation Insurance, and How Can I Find Out My Employer Has It?

Texas Workers’ Compensation is a state-regulated insurance program that provides medical and income benefits to employees who are injured at work or suffer work-related illnesses. It is designed to cover necessary medical treatment, partial wage replacement and other benefits if an employee is unable to work due to the injury.

Texas is unique because employers are not required to carry workers’ compensation insurance and those who choose not to carry are “non-subscriber” employers. Westbrook Law is here to help if your employer is a non-subscriber.

A “non-subscriber” is an employer who opts out and chooses not to carry workers’ compensation insurance, leaving the employer with:

• Increased Legal Risk: If an employer is a non-subscriber and an employee is injured on the job, the employee can sue the employer for negligence. Non-subscribers lose some legal protections available to subscribers.
• No Cap on Damages: Employees can seek damages beyond the limits of what workers’ compensation would normally provide, which could include pain and suffering, punitive damages and full lost wages.
• Defense Limitations: In a lawsuit, non-subscribing employers have limited defenses. They cannot claim contributory negligence (blaming the employee for the injury), assumption of risk or co-worker negligence as defenses.

The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) maintains a database of workers’ compensation subscribers. To find out if your employer carries workers’ compensation, you can:

• Call the TDI-DWC at 1-800-252-7031 (for employees) to inquire about your employer’s workers’ compensation status.
• Search Online: The TDI offers an online system called the “Employer Workers’ Compensation Coverage Verification” tool. You can search for your employer’s workers’ comp coverage status by visiting the TDI website and using this tool.
• Consult with an attorney: The safest way to make sure you know all of your options is to book a consultation with an attorney. At Westbrook Law, we are happy to do the research for you and explain your rights to you after a workplace accident.

2. What Steps Should You Take Immediately After a Workplace Accident?

One of the first and most critical steps after a workplace injury is reporting the incident to your supervisor. Failing to report the injury right away could weaken your case if you later seek compensation.

• Why is it critical to report your injury to a supervisor right away?
  In Texas, employees must notify their employer of an injury as soon as possible. If you delay reporting the incident, the employer may claim that the injury did not occur on the job or that it was less serious than you state. Prompt reporting ensures that there is a record of the incident and that your employer is aware of the situation. Make sure you review a copy of the report so you can ensure that there are no mistakes or incorrect statements.

• How does documenting the incident help protect your rights and strengthen your case?
  Documenting the details of your injury and the circumstances surrounding the accident is vital. Having a clear, detailed account of what happened can help prove the cause of your injury if you later file a personal injury claim. This documentation includes dates, times, the names of any witnesses and a description of how the injury occurred. The more thorough your record, the stronger your case will be.

3. Why is Seeking Immediate Medical Attention After a Workplace Injury Important?

After reporting the accident, your next priority should be getting medical help. Even if your injury seems minor, seeking immediate medical attention is essential for your health and for documenting your injury.

• How does early medical intervention affect your health claim?
  Early medical intervention is critical not only for your health but also for establishing a clear link between your workplace injury and the medical issues you’re experiencing. Delaying medical treatment could raise doubts about the severity of your injury or its cause. The sooner you see a doctor, the better documented your injury will be, helping to support your claim.

• What should you do if your employer insists on specific doctors or medical facilities?
  In Texas, your employer may suggest certain doctors or medical facilities for treatment. However, if your employer doesn’t offer workers’ compensation, you have more flexibility in choosing your medical provider. While it’s important to cooperate, you should seek a medical professional who is independent and whose first priority is your health—not the interests of your employer.

4. How Do You Properly Document a Workplace Accident?

Properly documenting the incident is a crucial step in ensuring that you are protected, especially when workers’ compensation is not provided by your employer.

• What information should you include when documenting an incident?
  
  Start by writing down every detail of the accident as soon as possible. Include the date, time, and location of the incident and describe the events that led to the injury. Note the names of any coworkers who witnessed the accident and be specific about what happened. The more precise your account, the stronger your claim.

• How can photos, witness statements, and reports from coworkers strengthen your claim?
  Photos of the scene and your injuries can provide powerful evidence in your favor. If possible, take pictures of the area where the injury occurred and anything that contributed to the accident, such as defective equipment or hazardous conditions. Witness statements from coworkers who saw the accident can also back up your version of events. These pieces of evidence are key in building a solid case.

5. What Should You Know About Returning to Work After a Workplace Injury?

Returning to work after an injury can be challenging, especially if your employer pressures you to return before you’re ready.

• How do modified duty assignments work, and can you refuse if the duties are too demanding? In some cases, your employer may offer modified duty, which involves tasks that are less physically demanding than your regular job. While you’re required to consider these assignments, you are not obligated to accept duties that exceed your physical limitations. If the duties are too demanding or unsafe, you can refuse and provide medical documentation explaining your inability to perform those tasks.
• What should you do if you’re pressured to return to work before you’re fully healed? If your employer is pressuring you to return to work too soon, it’s important to stand firm. Follow the advice of your doctor and refuse to return until you’re fully healed. Returning too early could worsen your injury and harm your chances of recovery.

6. What Rights Do You Have if You Suffer a Long-Term Disability Due to a Workplace Injury?

If your injury results in long-term disability, it’s critical to know your rights and the steps you can take to secure your financial future.

• What should you do if your injury leads to permanent work restrictions or an inability to work? If your injury results in permanent work restrictions, you may be eligible to file a personal injury lawsuit to seek compensation for lost wages, medical expenses and long-term disability. At Westbrook Law, we can help guide you through this process and fight for the compensation you need to support yourself and your family.

We Are Here to Help

It’s crucial to understand your rights and take immediate action after a workplace accident. Reporting the injury, seeking medical attention, and properly documenting the incident are key steps that protect your health and legal standing.

If you’ve been injured on the job in Texas and need help navigating the legal process, contact Westbrook Law for a consultation and guidance through every step of your case.