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.
