In most situations, when you get hurt on the job, your employer will ensure your injuries are covered under the company's insurance plan and that you receive fair compensation for time away from work as well as appropriate medical care. Unfortunately, regardless of how fair your employer is regarding your injuries, the insurance company may not cover your injuries. Workers compensation insurance companies often go out of their way to avoid paying claims, so they seek ways to minimize the amount paid for a claim. If you get injured while on the job, you are entitled to receive worker's compensation benefits until you are fully able to return to work. Here are some tips to follow to increase your chances of receiving worker's compensation benefits for your work related injuries.
Report Your Injury
If you get hurt while at work, it is important to report the injury as soon as it happens. The worke'rs compensation law requires you to report your injuries to your employer within a short time period, typically 30 days or less. Once you notify your employer of your injury, it is their responsibility to fill out an injury report for worker's compensation. Follow-up with your employer a day or two after the accident to make sure they have filed the necessary paperwork and claim on your behalf. If the employee and/or the employer does not immediately report the injury, worker's compensation will typically deny the claim.
Accurately Describe the Accident
One of the most common reasons for worker's compensation claims being denied is because the initial medical records do not adequately describe the injury and/or the accident. Although you may be experiencing a great deal of pain and confusion immediately following the accident, it is critical that you tell your employer exactly how you got injured and accurately describe what happened before, during and immediately after the accident. When you are getting medical attention, be as accurate as possible about how the injury occurred.
It is important to get the names of anyone who witnessed your accident. If your case is being questioned as to whether the injury occurred at work, the witnesses will be critical for proving that you were actually hurt at work and not somewhere else.
Local Workers Compensation Laws
Every state has different laws and regulations regarding worker's compensation, so it is important to understand exactly what your state requires for a workers compensation claim. Make sure you study the requirements and are aware of:
It is important that you do not miss any of your medical appointments. If you continually miss your medical appointments, the insurance company may assume that your injuries were not that severe or that you have completely healed, so they will search for a way to terminate your benefits.
If you are having problems getting your worker's compensation benefits, talk to a worker's compensation attorney as soon as possible. Contact a local attorney, such as the Law Office of Leslie S. Shaw, with questions. For example, if your claim has been denied because the insurance company claims your injuries occurred outside of your job, you have the right to file an appeal. A worker's compensation lawyer can also help you file the necessary paperwork and documentation when you initially file for worker's compensation benefits.
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