7 Steps to Building a Strong Case with Your Work Injury Attorney

If you’ve been injured at work, trying to learn your rights can feel like wandering blindly through a dark and confusing legal landscape. Work injury attorneys are there to switch on the lights. With the guidance of an experienced work injury attorney in Houston, you can build a rock-solid case and recover the compensation you deserve. The following seven steps will strengthen your claim and improve your chances of achieving a full and fair settlement.  

7 Steps to Building a Strong Case with Your Work Injury Attorney

Workplace injuries happen in all kinds of industries. Some of the most common accidents are slipping, tripping, falling, cuts, being crushed by machinery, repetitive motions, exposure to electricity, extreme temperatures, radiation, excessive noise, and all kinds of other hazardous conditions (click here for more workplace injury statistics). 

After being injured at work, the most common path to compensation is with a workers’ compensation claim. In some cases, you may also need to file an additional personal injury claim against a third party. For both types of claims, following these steps will help you avoid the financial burden of having to pay for medical expenses out of your own pocket. 

1. Get Immediate Medical Care

As an injured worker, the last thing you want is for your claim to be denied. But failing to get immediate medical attention can lead to just that. When injured, if you don’t promptly take an ambulance to a hospital or visit your doctor, it may look suspicious.

The insurance company may either claim that your injuries aren’t as bad as you say, or that you sustained them elsewhere. So even if you don’t feel that bad, or you really dislike doctors, don’t hesitate to seek medical attention. 

2. Report the Incident Right Away

For similar reasons, it’s important to promptly report the accident and injury to your manager or human resources. Any delay in reporting may create grounds to deny your claim.

Sometimes workers put off reporting an accident out of embarrassment for having caused the accident or simply not wanting to kick up a fuss. But if you want a strong claim, you need to report your accident immediately. In Texas, the deadline for reporting is 30 days, but it’s better to report it within a few days. 

3. Document Evidence at the Scene

As mentioned, you might need to file a third-party insurance claim in addition to your workers’ comp claim. And if your employer fails to offer the full compensation you have a right to, you may need to file a lawsuit against them. Both of these scenarios will need you to prove that your employer or another party acted with negligence, causing your injury. And this requires evidence.

If you can, use your phone to take photos and videos of the hazardous conditions that caused your accident before they’re cleaned up. If you’re unable to do so because of your injury, ask a friend, a coworker, or your attorney to do it for you. Also, take note of any eyewitnesses to your accident, who may later testify on your behalf. 

4. Choose Your Own Doctor

When injured, it’s likely that the first doctor you see will be the company doctor or one recommended by the insurance company. But these doctors are paid by your employer or the insurance company, which creates a potential conflict of interest: they may seek to minimize your injuries in order to lower the cost of treatment.

Texas workers’ comp law gives you ten days to choose your own doctor whose only goal will be to provide the best treatment possible. After the ten-day deadline, you’ll be stuck with the company doctor as your official treating doctor for the case, so act quickly. To change doctors, send an Employee’s Request to Change Treating Doctor form to the Division of Workers’ Compensation or ask your attorney to handle this for you. 

5. Follow Your Doctor’s Orders 

Be sure to follow your doctor’s orders without any deviation. This includes taking all recommended prescriptions, resting as required, and never missing a follow-up appointment. If you fail to follow your doctor’s orders, once again, you risk diminishing the appearance of your injuries. 

6. Keep Copies of All Records

During the entire claims and treatment process, meticulously keep copies of every piece of paper handed to you. This includes medical records, medical bills, prescription receipts, accident reports, and all communications with the insurance company. Each record you save may later serve as valuable evidence during your claim. 

7. Hire a Work Injury Attorney in Houston

It’s not uncommon for workers’ comp claims to run into roadblocks. Sometimes they’re denied, leaving you facing a bewildering appeals process. And sometimes the compensation offered is insufficient for your needs. If you run into any such trouble, don’t hesitate to contact an experienced work injury attorney. Your attorney can clarify your legal rights, gather evidence, negotiate to increase your settlement, represent you at workers’ comp hearings, and even file a lawsuit if that becomes necessary. 

Suffering an injury at work can be a painful and stressful experience. But if you follow these seven steps, you’re more likely to have a smoother and more successful journey: a journey which you needn’t walk alone.