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Workers' Compensation Claims: The Steps to Filing

10:20 January 14, 2021
By: Staff

If you are injured at work, you have the right to file a workers' compensation claim. There are many reasons why you should get workers' compensation, which works as a state-regulated insurance policy that gives you a legal right to obtain certain benefits when you are injured at work.

However, the process of filing for workers' compensation can be overwhelming and stressful, as you may need time to recover, handle your medical bills, and tend to your essential needs while simultaneously keeping up with your doctor's appointments. Read on to learn the steps to take to file a workers' compensation claim.

Report the Accident

The first thing you should do is report the injury to your employer. Depending on your state, there is a statutory deadline before which injured workers should report to their employers. The deadline notification period is usually 30 days, but it is recommendable to tell your employer as soon as possible. In other states, the statute of limitations can be two years before you file your claim, but you should have reported the incident to your employer. The advantage of reporting early is that you will still remember all the details, and you can also provide other supporting evidence such as photos and videos.

It is vital to report any workplace accident, even if you do not feel any pain. Other types of internal injuries manifest later, and this will help you to file for compensation. You should ensure that you provide written notification and make sure that your boss files a report in the accident log book. A written report is an official document that is used when you file your compensation claim.

Seek Medical Attention

You must seek medication after a workplace accident to improve your chances of having a full recovery. You need to show that you are taking the medication to succeed when you file for workers' compensation. It is vital to check with your company, since other compensation policies require the injured employees to visit specific doctors. However, the most crucial point here is that you must see a doctor as soon as possible, even if you feel perfectly well. Some medical issues can arise later, and you may not be able to get compensation without a medical report. Lack of a medical report can make your compensation claim a futile exercise.

Consult a Professional Lawyer

Filing a workers' compensation claim can be challenging to those who lack knowledge about the process, and this is when you need to consult your personal injury lawyer. The expert attorneys based in North Carolina at stewartlawoffices.net/charlotte-personal-injury-lawyer/workers-compensation/statute-of-limitations explain that in some instances, your employer may also pressure you to conceal your injuries or deny that they occurred on the job, and this is why you should always seek legal advice. In rare cases, an employee may decide to file a lawsuit for a workplace injury, and they would need sound legal representation from experienced lawyers to win their case.

Obtain an Official Claim Form

After reporting an injury to the employer, you get an official claim form to complete. On this document, you must include the following information:

  • Type of injury you suffered
  • Location, date, and time where the injury occurred
  • Witnesses
  • Circumstances leading to the accident
  • Medical treatment you received

After you complete the form, your employer will file the claim. Most employers are legally obligated to provide workers' compensation. The employers could get fined if they fail to process the claims by the injured employees. If you decide to take your route to file a worker's compensation claim, you will get protection from the state. Your employer is prohibited from retaliating against you if you file a compensation claim.

Appeal a Claim Denial

When you file for a workers' compensation claim, there are two things that you can expect. Your claim is either approved or denied as a result of different factors. If it is approved, the insurance company will contact you with payment details, and the benefits you get include disability payments, medical expenses, and lost wages.

If the claim is not successful, you have the right to request that the insurance company review its decision. Alternatively, you can appeal the decision through the assistance of your lawyer.

If you are injured at work, you are entitled to get workers' compensation benefits. Each employer must have workers' compensation to ensure their rights, should someone ever get injured on the job. When you file a compensation claim, there are specific steps that you should follow. First, you must report the accident to your employer and seek medical attention. You may also need to consult a specialized attorney if your employer does not take responsibility and refuses to process the workers' compensation claim.

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