What's Next After a Work Injury
What to Do After a Work Injury at the Port
1. Report it to Your Employer Immediately
Tell your supervisor or an employer representative as soon as you can. This is the step most often skipped, especially with injuries that seem minor at the time. A tweaked back, a shoulder that aches after a shift. Those are exactly the injuries that turn into disputes six weeks later when the pain hasn't gone away.
2. Get Medical Attention When You Need it.
Don't wait it out. If you need care, get it. If the injury is an emergency, get treated first. You can request authorization from your employer or the insurance carrier afterward.
3. Ask For a Form LS-1
For non-emergency treatment, you need authorization before you're seen. Ask your employer for Form LS-1, Request for Examination and/or Treatment. You can name the physician you've chosen on the form.
4. Give Written Notice Within 30 Days
You must give your employer written notice of the injury within 30 days of the injury, or within 30 days of when you become aware that a condition is related to your work. Form LS-201, Notice of Employee's Injury or Death, is what's used for this.
If you miss that window, it can put your compensation benefits at risk. Though the deadline may be excused if you had a good reason or the employer wasn't harmed by the delay. One thing worth knowing: missing the 30-day notice does not bar you from receiving the medical care your work injury requires.
5. File a Written Claim Within One Year
Notice to your employer and a claim for compensation are two different things. To claim compensation you generally file a written claim with OWCP within one year of the injury, or within one year of the last voluntary compensation payment if the employer has been paying. Form LS-203, Employee's Claim for Compensation, is used for this.
Occupational diseases run on a different clock. Generally two years from when you became aware of the connection between the disease, your disability, and your work.
There is no time limit on requesting medical treatment for a work injury. The right to medical care related to the injury is not time-barred.
6. Keep Copies of Everything
Every form, every report, every letter. Photograph them with your phone if that's easier. Claims get decided on the written record, and the person with the complete record is in much better position.
What We Do on Our End
When you come in, we document the mechanism of the injury and your job duties in specific terms, submit the initial reports on time, request authorization for any testing or treatment you need, and write your work restrictions in language your employer can actually act on.
Navigating Your Medical Rights
Under the LHWCA, you have the right to choose your own physician. You are not required to see a doctor selected by your employer or insurance carrier. This ensures your medical care is focused solely on your recovery and accurate documentation of your injury.
Have questions about your claim or need a medical evaluation?
Prefer to talk? Call your nearest office