August 20, 2015 by Brad Christiansen

What to Do If You Have a Workers’ Compensation Case

Workers’ compensation laws are available in all 50 states in America and they protect employees who get injured due to work-related accidents. The compensation laws are regulated differently in each state and it is important to understand the processes according to what is laid out in your specific location.

If an employee is injured on the job, instead of filing a lawsuit against the company, the best form of action to take would be to use the workers compensation law and consult with a lawyer. This is because the response is quicker and more relevant to whatever you require at that time.

A Lawsuit Can Be a Long Process

Filing a lawsuit against the company may be a long, drawn-out process and this would be a higher disadvantage in your case, especially because most would like the payout immediately.

workers comp

The only downside is that unlike the punitive damages you also receive from a lawsuit, filing a claim through the compensation law does not grant you these damages. It only pays out what you require for medical expenses and for time off, at a percentage of your salary.

It covers the amount you may lose in wages and salaries as a result of your injuries. Bear in mind those workers’ compensation insurance companies will always try to pay out nothing more than what is absolutely necessary but with a lawyer, they will guide you in following the correct process diligently which will allow for your application to be successful.

Send Your Application

The first thing you need to do is to send your application within 30 days of your injury. Some workers’ compensation insurers prefer that you rather report your case sooner than later, as they may not approve your request if it is sent in too late.

Also, remember who was present at the time of injury so that you can ask them to stand in for you as a witness. Make sure that if you are too injured to go to work, that call in immediately as this normally increases the chances of your application being approved.

workers-comp-injury-claim-form

The next step is for you to go see a medical doctor, especially if the injury is very serious. This indicates that you qualify for workers compensation. When you get to your doctor, explain in detail what happened, how you got injured, and that it happened while you were at work.

 

This is so that the medical doctor will be able to write a report that compensation law insurers will be able to use to approve your claim. If you do not mention how you got injured to your medical doctor, the medical report may not link or prove that you were injured while at work. This may result in the compensation law insurers rejecting your claim for a payout.

Ensure that any other forms you have to fill out are done accurately and that your story is consistent. If inconsistencies are found in your claims, you may not be approved for a workers compensation claim.

Record What Happened

Finally, if your workers compensation insurer asks you to take a recording of you explaining what happened whilst you were at work, it is strongly advised that you decline that suggestion, and only do so if you have a lawyer present.

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