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When an employee is injured on the job, he or she can file what is known as a worker’s compensation claim against the employer asking that the employer pay for the injuries they sustained. Workers compensation claims have very strict guidelines that need to be followed and if these steps are not completed, it could result in a denial of your claim. Knowing how workers compensation claims operate is essential to making sure that your claim is honored by the employer.
How does the claim process work?
You only have a limited amount of time to submit paperwork for a worker’s compensation claim. On the employer end, they have to provide the employee with the paperwork and guide them as to the steps necessary. They must file the claim with their insurer, and they have to comply with the state law concerning reporting work injuries. The employee must notify the employer of the injury and include the date it happened, the time it happened, what the injury was and how it happened.
The employee may need to visit a doctor provided by the employer unless it is an emergency situation.
When should the employee file the claim?
An employee should file a claim if they were injured at the job while performing duties related to the job. This can include injuries which occurred from performing the work or injuries or illnesses which the employee got from chemicals or exposure on the job. If you wish to file a workers comp claim, the following must be true:
- You must work for an employer who offers workers comp
- You must be an employee who works at the business, not a contractor
- You must have gotten injured while on the job
Workers compensation will not cover you for things like stress, hurting yourself, injuries caused by confrontations with other employees, injuries on the way to work or leaving work or injuries which happen if you are under the influence of drugs or alcohol or violating a company policy.
The employer will then typically at this point submit the paperwork to their workers compensation insurance company. The employee’s doctor will then also submit a medical report. The insurance carrier will then make a decision and if it is approved the insurance will contact the employee to arrange payment. If the insurer does not think that the employee qualifies, they will deny the claim. The employee has a right to appeal the decision if they feel that the claim was denied in error. If the claim is ultimately approved, the employee can choose to accept the offer of payment or the employee can negotiate for a larger lump sum number. After you have fully recovered from your injury you must notify the employer and the insurance company of your intent to return to work.
Should I get an attorney involved in my workers compensation claim?
If you were injured on the job and you feel as though you are not getting fair treatment by your employer or the insurance company when it comes to compensation, you should get a workers compensation attorney involved who can stand up for your rights and make sure you get the compensation you deserve. The attorneys at the Lopez Law Group can assist in your workers compensation claim process and can step in on your behalf if you feel like you were wrongfully denied benefits. We can be reached at 727-933-0015. Our attorneys are always standing by ready to assist and as always, our consultations are always free. We can review your case and give you an honest opinion about whether or not you have a valid claim. When you are injured on the job you expect your employer to take care of you in your time of need. Make sure they do the right thing! Contact us today!