Whiplash is a sudden injury to the neck and head caused by the head whipping back and forth. While it’s most often caused by rear-end crashes, there are other ways it can happen. Some of those ways occur in the workplace.
What can you do if you get whiplash at work? Whiplash is treated like any other workplace accident. Workers’ compensation should cover the injury. However, an Atlanta workers’ compensation lawyer can help you if something goes wrong with your claim.
Here’s what you need to do if you get whiplash at work.
Start the Workers’ Compensation Process
First, seek medical attention even if your symptoms seem mild. Whiplash is a condition that can worsen over time. Early treatment can save you a lot of pain and time lost from work. Get a copy of your medical record after you’ve had a checkup. Your workplace may require you to see a particular doctor for treatment.
Once any emergency has passed, report the accident to your supervisor or your HR department. This is an essential part of starting the workers’ comp process. If you wait too long, your claim may be denied. If required, inform them by written notice or email.
Gather Evidence
After your employer is notified of your injury, they must contact their insurer about your claim. You will also need to write what happened on a form for the insurer. An Atlanta personal injury lawyer at John Foy & Associates can help you fill out the claim form to reduce the chances of denial.
Write down everything you remember about what happened, including the date, time, and any conditions that contributed to the incident. Keep a diary of your symptoms, treatments, and any other medical-related activities, including how the injury affects your daily life and work.
A workers’ compensation lawyer can help you with gathering evidence if you’re too injured to work. Good evidence will show the full impact of your injuries and may raise the chances of higher compensation.
What Should I Do While I Wait?
While you wait for the insurers to decide your claim, you should follow all instructions from your doctor. If you’re given medicine or told to rest and take time off work, do so. Inform your employer of your doctor’s instructions and make sure they acknowledge what you said.
If you haven’t talked to one yet, this is also a good time to get a consultation with a workers’ comp lawyer. Most workers’ comp lawyers offer free consultations. If you find one you like, you can keep them in mind while you wait for the decision.
If your employer retaliates against you for filing a worker’s comp claim, contact a lawyer immediately for advice. Retaliation is illegal! Retaliation can include firing, making you work against doctor’s orders, and many other actions intended to punish you for making a claim.
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Decision and Appeal
The insurance company will either accept or deny your claim. If they accept your claim, you can begin receiving benefits to pay for your medical bills and some lost wages. You may get additional benefits if you are injured permanently or cannot return to your old job.
If they deny your claim, you have the right to appeal it. However, you must act quickly. You’ll have a far better chance of success if you have a workers’ compensation lawyer to help you with your appeal.
You will not need to pay anything upfront to work with a lawyer. If you win your appeal, you will receive backpay from the time you were injured until your claim was approved on appeal. Your lawyer will take a percentage of the backpay as their fee.
Can I Sue My Employer if I Get Whiplash at Work?
In almost all cases of workers’ compensation, you cannot sue your employer for a workplace injury. If you get whiplash at work, you must use workers’ compensation. Workers’ comp pays faster and you don’t have to prove fault.
However, if a third party caused your injury at work you can sue them for damages. This may be a subcontractor or even a customer. If they caused your injury and weren’t employees in your company, you may have an opportunity to sue for damages above and beyond workers’ comp.
More About Whiplash Symptoms
Whiplash can be very subtle at first and become worse over time. If you’ve been in a vehicle accident or fell and hit your head, you could experience damage to the structures in the neck. Symptoms include:
- Headache
- Dizziness
- Insomnia
- Tinnitus (ringing in the ears)
- Pain from the neck and down the arms
- Back pain
- Stiff neck
Contact a Workers’ Compensation Lawyer for More Information
If you’ve been in a whiplash accident at work, don’t go through the workers’ comp process alone. John Foy & Associates can help you get the most from your claim. Call us now for a free consultation about your accident.
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