 | Brian Collignon
is an attorney with Fleeson, Gooing, Coulson & Kitch, L.L.C. Brian received his bachelor of arts degree from Mount Marty College in 1997, and his juris doctor from Washburn University, graduating with honors, in 2000. Brian joined Fleeson, Gooing, Coulson & Kitch, L.L.C., in 2000 and practices primarily in the areas of civil and business litigation and workers' compensation. |
Legal
2004-10-01 11:05:00
What to do if I get hurt at work?
ANSWER: Your wife may wish to file a workers' compensation claim against her employer. Certain requirements must be met under the law for her to obtain workers' compensation benefits. One of the requirements is that she must provide notice of the accident to her employer within 10 days of the accident. The notice must contain the time, place and particulars of the accident. She can give the notice orally or in writing. The 10 day deadline to give notice does not include Saturdays, Sundays or legal holidays. Even though she has 10 days, she should provide notice as soon as possible. If she fails to report the accident within 10 days, she should still provide notice and check with an attorney because there may be sufficient cause to extend the deadline.Unfortunately, telling her friend about the accident will probably not satisfy the notice requirement. She must tell her supervisor. It would also be wise for her to ask that an accident report be completed. Her employer is required to complete an accident report whenever an employee has an accident.In addition to the notice requirement, there are other applicable time limitations. For example, she must tell her employer in writing that she demands workers' compensation benefits within 200 days of the accident or 200 days of the last payment of compensation. This written claim may be served in person by taking it to her employer and getting a receipt for it, or mailing it by certified mail, return receipt requested.Your wife's employer is required to provide and pay for necessary medical treatment and she should tell her supervisor that she needs to see a doctor. Your wife should follow her employer's instructions as to what doctor she should see and then follow the doctor's instructions including work restrictions. If she feels that the medical care she is receiving is unsatisfactory, she should tell her employer that she wants to see a different doctor. The workers' compensation law is intended to help your wife get healthy and compensate her for missed work and any resulting disability. If she feels that her employer is not complying with the law, she should contact an attorney.
