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Work Mens Comp

Work Mens Compensation refers to the term used when one has an injury that is sustained through the work that they do.

To be eligible for the compensation a patient must go through the proper and correct assessments before a claim can be made to their employer.

There are several parts to this;

We will begin with the responsibility of the worker.

As an employee you are responsible for your work-place health and safety, as is your employer. If you have taken all practicable steps to ensure you do not injure yourself at work but your employer has not, then you may be able to claim compensation. Likewise, an employer must ensure that they have taken all practicable steps to ensure the health and safety of their employees – this includes things such as:

  • Ensuring machinery is safe
  • Safety gear such as vests, gloves, eye wear and boots have been supplied
  • Ensuring that the work area is safe and free from risk such as electric shock.

The first part in the process of a workman claiming compensation is the medical practitioner – their role is to assess and recommend treatment for their patient. Some companies have their own medical team who will do this however, a workman may opt to see his/her own medical practitioner for the assessment. Things that a doctor may do include:

  • Provide regular medical certificates and reports to the employer on the condition of the employee's progress
  • Identify and support a workers claim for work-based injury or disease by completing the correct forms for the employer
  • Provide treatment for the injury or disease for as long as it is necessary to do so.
  • Assist in the employee returning to work through consultation with case managers and rehabilitation providers and discuss with the employer how the workman can return to the workplace and what duties they will be able to perform – this may include having the employee on light duties until such time as they are fit to return to their normal role
  • Assess the degree of impairment the workman may have suffered due to the injury and then report to the employer with regard to impairment payment that is appropriate.

For any medical claim to be accepted there must be the correct paperwork provided, this should include a medical certificate and any other supporting documentation from the treating medical practitioner. Without this, a compensation will not be considered.

Where there may be disagreement between a workman and an employer about the responsibility of the accident, injury or disease, a lawyer may need to be engaged by the workman to formally gain compensation. This is a very long process and most employers will try to avoid it going to court so that the cost to them is minimal should they be in the wrong. Most medical practitioners will only advise this option to patients if they feel that they are strong enough to endure the legal process that must be gone through.

The Brooks Clinic specializes in treating whiplash injuries. We are located in Midtown, downtown, Oklahoma City. Call us today and we’ll give you a free consultation with absolutely no strings attached.

Call Us at 1-405-943-0303