If you are involved in an accident on the job, you have a workers compensation claim. When dealing with a workers compensation claim, there are several things you should do immediately to protect yourself. There are also several things you should not do.

Things you should do:

1. Do report the accident as soon as possible to your supervisor. Make sure you notify the employer of all injuries and any witnesses to the accident. Do not wait until after the weekend to report an injury that occurred on Friday. In Missouri, you have 30 days to report the injury, but there is no reason to delay. Report it now, even if it means your employer has to reset its “accident free” clock or calendar.

2. Do follow your employer’s procedures for filing a written accident report and make sure you keep a copy.

3. Do seek medical assistance. Your employer has the right to direct your medical treatment and to send you to a medical provider of their choosing. You must follow all of the instructions of the medical provider or risk having your workers compensation benefits terminated early.

4. Do tell the medical provider about all of the symptoms or injuries you believe are related to the accident. It will be difficult to connect symptoms and injuries to the accident if you wait weeks, months or years to report them to the doctor.

Things you should not do:

1. Don’t fail to file an accident report.

2. Don’t sign a medical release for your employer without talking to a workers compensation attorney first. Your past medical records will only be used by your employer to try and deny your claim.

3. Don’t give a recorded statement without seeking legal advice first.

4. Don’t settle your case unless you are absolutely sure you have recovered as much as is possible. This is called maximum medical improvement or “MMI”. Once you settle your case, you are letting the employer off the hook forever. Seek legal advice before discussing settlement.

You have two years from the date of injury to file a workers compensation claim. This is not the same thing as filing the report of injury. If you do not file the claim within two years, your claim is barred. Your employer and its insurance company have no duty to tell you when your claim may be barred. You should seek legal help from a workers compensation attorney to protect your claim and benefits. Your employer will do all it can to minimize your benefits. We have seen employers deny legitimate claims or send employees to medical professionals who under-diagnose or fail to diagnose your true condition.

If you need legal assistance, or for further information about workers’ compensation, please contact on of the workers’ compensation attorneys of Kennedy, Kennedy, Robbins & Yarbro, LC, at (573) 686-2459. Our commitment is to earn your confidence by answering all questions and providing quality representation.