What If You’re Injured on Your First Day of Work?

Workers’ compensation can be a great system, but it’s not uncommon to worry about what happens if you get hurt quickly once you start a new job. When does protection actually kick in, and will you need some other kind of coverage until it does? A Minnesota workers’ compensation attorney can answer this and all your other questions.

A Minnesota Workers’ Compensation Attorney Answers FAQ

What If I’m Hurt on the First Day?

There are some other types of rights that workers have that don’t usually take effect until they’ve been at a job for a certain amount of time. The good news is that workers’ comp is not one of these things. Workers’ comp is insurance that provides coverage to all employees at a place of employment, and it does not depend in any way on how long that employee has been working there.

If you get hurt on the job, or even away from the workplace but during the scope of employment, you’re covered. There are only very rare exceptions to this, but if you have any questions, you should talk to a workers’ compensation lawyer right away. If you’ve been injured on your first day and your employer is telling you that you aren’t eligible, don’t just take their word for it. Talk to a lawyer because that would be an unusual situation.

Who Is Not Covered by Workers’Comp?

The only way you would not be covered is usually if your employer is not required to provide you with workers’ compensation at all. In other words, it’s not a matter of how long you’ve been at work, but what type of employee you are. For the most part, you’re covered unless you’re a sole proprietor, partner, corporate officer, or work on a family farm or for an employer who’s covered by federal liability laws. All of this should’ve been made clear to you before you began work, however.

You’re also not eligible if you’re an independent contractor and not an employee, but it’s not uncommon for employers to abuse this exception and try to claim that an employee is an independent contractor when they’re not. Even if you’ve considered yourself an independent contractor, if you get hurt, don’t just assume that you have no benefits. Talk to a lawyer to make sure.

What Benefits Can I Get?

Workers’ comp should pay for your medical needs, a portion of your lost wages during any time you can’t work, and for rehabilitation if that becomes necessary. Rehabilitation may be for a new job, a new position at the job you already hold, or to get you back to where you can work your original job.

You’re also entitled to travel mileage reimbursement to and from medical appointments and benefits if you’ve suffered permanent bodily damage. If a worker is killed on the job, even if it’s their first day, their surviving spouse and children are entitled to death benefits. You may be entitled to other benefits if you are no longer able to work a job that pays as much as your original one. Again, the best thing to do is talk to a lawyer about the possibilities and what you should fight for.

What Should I Do If I’m Injured?

Don’t assume that because it’s your first day you should not “make a fuss.” If you’ve been hurt, whether it’s your first day or 100 days in, there are a couple of important steps you should always follow. First, report the injury to your immediate supervisor, and then follow any instructions they give you. You may also need to talk to HR or make a formal report.

Second, always get medical treatment right away. If you need to go to the emergency room, don’t delay. Otherwise, talk to your employer about whether their workers’ comp insurance has a network of healthcare professionals that you have to use. You do have the right to choose your own doctor, but if there is a network, you will have to stay within that network for coverage. Bear in mind that your healthcare provider is required to notify the insurance company before any surgery or hospitalization, unless it’s an emergency. The insurance company and your employer do also have the right to request a second opinion for any treatment that isn’t an emergency need. The healthcare provider is not allowed to send you a bill unless the insurance company denies coverage entirely because the injury isn’t work-related.

If you weren’t able to do so immediately due to injury, the next thing to so is make a written report to your employer once you’re well enough. Finally, talk to a workers’ compensation lawyer to find out how to follow up with your employer, make sure that your claim has been properly filed, and fight for your rights if the insurance company is denying your benefits or minimizing your injury.

What Kind of Wage Benefits Can I Get?

Your wage loss benefits kick in on the fourth day of being unable to work, and if you still can’t go to work 10 days later, then the benefits retroactively kick in from the first day that you were disabled. The law recognizes two types of disability coverage: partial and total. Temporary partial disability benefits kick in if you’re still able to work, but you can’t make the same amount of money as you did before you were injured. Maybe you’re having to work a different job at the company for a while, or maybe you’re simply not able to work the full number of hours. Either way, you get 2/3 of the difference between what your gross weekly pay was before the injury and after it. Permanent partial disability is also available if you have a permanent change to your ability to work. You’ll be assigned a rating based on the amount of disability you have, and this is then multiplied either by a dollar amount or by a number of weeks.

Temporary total disability kicks in if you’re unable to work at all. In this case, you would get 2/3 of your gross weekly wage at the time that you were injured for as long as you’re unable to work while recovering. You also get the same benefits, and at the same rate, as you were receiving at the time you started work. Bear in mind that there are maximum and minimum limits to both total and partial disability payments and that there will eventually be a different arrangement if your injury prevents you from ever working again.

What If My Claims Are Denied?

Workers’ comp is supposed to be a seamless system, but sometimes it doesn’t work that seamlessly. If you’re being denied benefits, it’s important to talk with a lawyer right away. A lawyer can review your paperwork and help determine exactly what the basis of the denial is, then fight for your right to have all your medical bills covered. Most commonly, denial comes because the insurer is arguing your injury was not work related or that a treatment was not necessary.

If you need help with your workers’ compensation claim, have questions that aren’t being answered, or just want to make sure you’re getting all the benefits you’re entitled to, reach out to us today at the Atkinson Gerber Law Office in Minneapolis or St. Paul, Minnesota for a free consultation.