No one likes the idea of being out of work for an extended period of time. After all, it creates an air of financial insecurity for our families and may leave us more prone to feelings of isolation. Most working adults spend about a third of their day with coworkers and we miss those interactions when we are home recovering from an on-the-job injury. However, working through an injury could be costly both physically and legally.
Workers rights to collect workers’ compensation
Nearly every Louisiana worker is covered by workers’ compensation. This is a requirement unless the employer opts for self-insurance. These rules are put in place to help protect workers in the event they are injured while on the job. Workers’ compensation benefits help provide income and medical bill payment while a worker is recovering from their injury.
Returning to work before being ready to return or working through an injury not only jeopardizes the rights of a worker to collect benefits, but it may also put them in danger of more serious injury. Some examples include:
- Back injuries — back injuries must be taken seriously. When a worker independently decides their injury is not serious enough to seek medical care, they could be exacerbating an injury which could mean a lengthier recovery period, or more complex treatment than if they had sought care immediately.
- Repetitive injuries — ignoring pain in the wrist, hand, or elbow brought on by repetitive work tasks can be problematic. Those who suffer these types of injuries often believe ignoring them until the pain goes away is beneficial. However, when this pain is ignored and remains untreated, the potential of additional harm and loss of movement will have a negative impact on a worker’s ability to complete their job.
- Muscle pull injuries — many of us pull muscles because we have strained to do a task on the job. We often believe that working through the discomfort associated with this type of injury is our best option. However, if the muscle has been torn, the potential associated with working through these injuries can be devastating to a worker’s long-term health. In some cases, a muscle pull left untreated can also lead to organ damage.
When someone ignores an injury because they are concerned about being out of work, they are potentially putting their health at additional risk. After someone has suffered an on-the-job injury, they should seek medical care, follow doctor’s orders, and remain off the job until they are medically cleared to return to work.
Legal risks of working through an on-the-job injury
Many workers fear they could lose their job if they report an injury. Workers cannot face repercussions from reporting an injury they received while they were doing their job. Continuing to work despite an injury can have an adverse impact on a worker who fails to report the accident. Some of these include:
- Secondary injury — if a worker suffers an injury while working and fails to report it, they may suffer an additional injury which occurs while not at work. This can mean they are unable to work, and they may face a workers’ compensation denial. Reporting an injury and seeking immediate care can help prevent this type of denial.
- Time off increases — workers who ignore an injury and continue to work through an injury may find they have to take additional time off work to deal with the pain. This could mean they are taking more sick days or using personal days, which could put their job in jeopardy. Remember, a worker who is injured cannot be fired from their job. Taking more time off than usual, however, can result in job loss.
- Loss of benefits — failure to report a workplace injury can mean the worker loses the right to collect workers’ compensation benefits. Among the rights and responsibilities a worker has when injured is reporting the injury in a timely manner. Workers have 30 days following an injury to file an injury report. Failure to do so may result in a forfeiture of benefits.
Future health issues, the inability to apply for injured workers’ benefits, and the potential for job loss are all reasons why it is never advisable to work through an injury sustained while on the job.
When filing a claim for an injury suffered on the job
When a worker is concerned they may be unable to prove their injury occurred on the job, they should seek legal advice. Most employees are unaware of their legal rights if they do suffer an injury while at work. Asking for guidance or assistance filing workers’ compensation claims has some benefits. Workers’ compensation attorneys can help when some of the following situations make the claims process challenging for a worker:
- Not a legal resident — regardless of immigration status, a worker has the right to workers’ compensation benefits if they suffer an on-the-job injury.
- Employer physician insists worker is not seriously injured — employees have the right to seek a second opinion when they believe their injury is being ignored by a company-approved physician.
- Chronic conditions — when an employee has an injury or illness such as lung infections, carpal tunnel syndrome, or other job-related issues which cause chronic health issues their employer may deny their work is the cause of the condition. An attorney is able to work with the victim to establish causation and help them obtain benefits.
No worker should ever be forced to suffer a loss of income because their employer’s insurer denied their claim. An experienced workers’ compensation attorney typically accepts clients without any up-front fees and can help make sure their claims are taken seriously. They can also help a worker get the benefits they are entitled to under Louisiana law.
Stephenson, Chávarri & Dawson, LLC: Can help injured workers
When someone is injured on the job, they may feel they have no option but to work through their injury. This is not the case. Regardless of the type of injury suffered, a workers’ compensation attorney at Stephenson, Chávarri & Dawson, LLC can help ensure a worker gets access to the benefits they are entitled to. Contact our offices at 504-523-6496 and schedule a free consultation today.
