If you end up getting injured while you are working for your employer, you need to file a worker's compensation claim. This allows you to pay for your medical bills and to receive compensation for the wages that you would otherwise be receiving. The majority of states only allows you to receive compensation through worker's compensation, and do not permit you to sue an employer for injuries that occurred at work.
The exact procedure for filing a worker's compensation claim is different in each state, but the process is usually quite similar. The following process may not sync up exactly with the way things work in your location, but it can serve as a basic guide of the procedure.
First of all, you need to be sure to notify your employer about the injury as soon as possible. The report should be in writing. Some states require the notification to take place right away, where others may give you thirty, sixty, or ninety days. Some states give you over a year. Regardless, it is a good idea to report it as soon as it happens and get it in writing.
The next step is to get in touch with a doctor to examine the injury. In some cases, the state might require the doctor to be certified by the Worker's Compensation Board. The doctor should make a detailed report of the injury, and you should keep track of any expenses revolving around the injury. If you can't work because of the injury, you might also qualify for disability.
You will then fill out the necessary forms to apply for worker's compensation. Often your employer will provide you with the forms themselves and send them in to their insurer to determine what type of compensation you will receive from them. You can also file the claim to the insurer yourself, preferably with the assistance of an attorney. Additional documentation of the injury may be required.
Afterward, you will receive a response from the insurer. If they deny part of or the entire request, it should also explain how to appeal the insurer's ruling.
If the request, or part of it, is denied, you have the right to appeal the decision. Typically, you will do so by getting in touch with your state's worker's compensation appeals board. You will testify to them with an expert witness to support your case. An attorney is strongly recommended.
This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Mike Murburg P.A. provides focused legal counsel and representation within issues related to Worker’s Compensation and has provided this for informational purposes only.
