Filing a workers compensation claim is more likely to be successful after following certain legal guidelines. A workers compensation attorney can assist you in the preparation of your case, and the filing of the necessary documents. The following basic information may be helpful to you from an overview standpoint.
What is considered workers compensation?
If you become ill or are injured at work because of the working conditions, and are then unable to work, you might be forced to file a workers compensation claim. A successful claim can result in receiving compensation to make up for your financial losses. Workers compensation is a type of insurance that is intended to pay for the injured worker’s lost wages, physical rehab, and any other relevant medical care.
Filing the Workers Compensation Claim
Before you can receive compensation for your work-related injury, it’s necessary for you to file a workers comp claim. The reason why many injured workers hire a lawyer to help them with this process is because of the numerous legal guidelines and requirements that must be met. It is important to keep the following in mind:
1. Get treatment for your injury. If you don’t get medical care then it can be interpreted that the injury is not serious.
2. Let your employer know that you were injured. This should be done as soon as possible. If it’s practical to do so before getting medical attention, let them know. You don’t have to know the full extent of your injury before informing them. The reason you need to inform them immediately is because there is a narrow window of time in which you can inform them, after which you will not be able to file a claim. Check with a workers compensation lawyer to verify your state’s timeline.
3. If you choose to file a worker’s comp claim on your own, your employer should have the forms you need to fill out and submit. When filling out the paperwork, make sure your details are complete and accurate. Include as much documentation as possible about your injury and the circumstances of the accident. Incomplete or inaccurate information can delay your claim at best, or result in a denial at worst.
4. In many states, your employer is obligated to submit your completed paperwork to their workers comp insurance company. In other states, you may have to submit it yourself directly. Your employer should be able to clarify this for you. If they submit your paperwork, request confirmation of when they have done this and note the date and time.
5. If the claim is accepted and the insurance company does not require additional proof or documentation from you, then you can expect to receive a check from them within a reasonable amount of time. If you do not, or if your claim was rejected, consider contacting a lawyer.
Sadly, many valid workers comp claims are rejected unfairly. If this has happened to you, or if you would like assistance with filing your claim, contact a workers comp lawyer. The majority of Long Island worker injury lawyers provide free consultations which can be beneficial prior to filing a claim to maximise the likelihood of a successful outcome.
Thanks to our friends and contributors from Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation claims.