An injury caused by a workplace accident is only the beginning of a painful process than involves filing a worker’s compensation claim with one’s employer’s room workers compensation insurance and may potentially lead to a third party lawsuit.

Filing an insurance claim for a workplace accident may seem like an intimidating endeavor, especially because it feels like a direct attack against one’s bread and butter source. However, filing a workers compensation claim is in many ways a civic duty because it not only offers the injured employee an opportunity for justice after an injury caused by their employer’s negligence or illegal behavior, it also helps to promote a safe and healthy environment for workers in the future by remedying the situation that caused the accident and encouraging employers, through threatening their bottom line, to follow the statutory and common law duties of care they are legally obligated to uphold.

Anyone who has suffered an injury in the workplace that was caused even partially by someone else can file a workers compensation claim. The first steps are simple: document the accident and the injury through photographs, written descriptions and witness statements then report the incident along with copies of the documentation to your immediate supervisor. Next, contact and visit a doctor, both to treat the injuries and to document their severity as well as provide evidence that you are compliant with the process of filing a worker’s compensation insurance claim. Finally, before you speak with an insurance adjuster or make any commitments to settle with your employer contact a worker’s compensation attorney to review your situation and advise you on what to expect.

Employers have a lot to lose any time there is an accident in the workplace. Reporting incidents to their insurance company causes their premiums to go up and if they were in fact negligence in some aspects of their duties of care they may be the required to pay additional fines, or lose certain licenses to practice their business. For this reason, employers will want to cover up the incident and settle financially without contacting their insurance company or any legal representatives. While the settlements offered may seem generous at the time, keep in mind that the employer will be offering the employee less financial compensation that what they reasonably expect they would have to pay if everything went through the proper legal channels. The compensation lost if the employee settles on the spot can never be regained, and only an experienced lawyer can assist you in accurately determining what a fair amount of compensation is.