Did you get hurt at work? If so, don’t let the fear of not knowing what to do prevent you from getting the workers’ compensation benefits that you deserve. Workers’ compensation is a type of insurance that employers are required by law to carry for their employees in most states. Read on to see how to properly file your compensation claim.
Table of Contents
What happens first?
The first thing you need to do is report the injury, as soon as possible. You can call or visit your supervisor or human resources department for more information on how to proceed. After reporting your injury, you can expect to receive some forms from workers’ compensation lawyers, who might ask you to provide details about the injury. It’s expected that you’ll be asked for information like the date, time, and location of your accident; details about what happened; and contact information. These people are professionals, so you don’t have to worry about
What will my lawyer do?
Your workers’ compensation lawyer will talk to you about your accident, send out investigators (usually private detectives) to get more facts on the case, hire doctors to examine you, gather all possible evidence of how and why you were injured, negotiate with insurance companies for the highest settlement possible, file all necessary papers with the courts to protect your rights and attend hearings on your behalf.
They’ll also look over the Types of Workers’ Compensation best suited to your specific case to ensure you receive the maximum benefits available. Their expertise helps streamline the process, reducing stress and allowing you to focus on recovery.
If I’d like to handle my own compensation claim, what do I do?
You need to know if you are entitled to compensation. You may represent yourself (called “pro se”) if you wish; however, this is not recommended for two reasons:
- most employees do not know how to handle a workers’ compensation case
- employers often hire very good lawyers, so the average worker will lose.
Here’s what you need to do first:
1. Go to the Doctor
If you have been seriously injured on the job, then getting medical attention is your first priority. Be sure that you go right to a doctor who specializes in work-related injuries and illnesses before going anywhere else. In many cases, this will be a pain management specialist because most people with serious injuries need medication to ease their pain. Your insurer will want to have a physician fill out an injury report, so you’ll want someone who can help you get back to work as soon as possible.
2. Collect Evidence
When you see your doctor for treatment, bring a file containing all of your records from recent visits or any paperwork from previous work-related accidents that may be relevant. You may also want to ask if you can have any medical devices that are being used in your treatment. This could include items like a cane, brace, crutches, or boots.
3. Get Your Employer’s Help
Your employer will need to authorize the doctor visits and submit reimbursement for treatment costs to your insurer. Your employer may also be able to give you information about workers’ compensation laws in your state, as well as assist you with filing the initial claim. They might even be able to help connect you with resources designed specifically for injured employees.
4. Gather Documentation for Lost Wages
If you sustained an injury that prevents you from working temporarily or permanently, then having documentation of what jobs are no longer feasible due to your injury could be helpful. If you can, get a statement from your employer that verifies what work you were expected to perform and why it is no longer possible for you to do your job in its current capacity.
5. Document the Injuries You Sustained
Your accident should have been documented when it happened or when you initially visited the doctor afterwards. If this didn’t happen, make sure to ask any witnesses who saw the accident to write down what they saw as soon as possible after the incident occurs. This includes anyone who may have seen what led up to the accident or know about previous problems with machinery or equipment in use at that time.
6. Don’t Miss a Deadline
Understand that filling out a workers’ compensation claim is a legal process. If you want to file an injury claim, then you’ll need to do so immediately. Don’t let the fear of not knowing all the rules prevent you from taking action right away if your injuries are serious or permanently disabling.
7. Ask Questions If You Have Them
The worker’s compensation system can be intimidating if you’ve never used it before, so don’t hesitate to ask any questions that come up throughout the process, even if they seem basic or simple. Your employer should be able to answer most common questions about filing for workers’ compensation benefits without issue, but there may also be organizations in your area that can help provide guidance on how to proceed with filing an injury report and important details.
8. Keep Documentation of Income and Expenses
If your benefits run out, and you want to file an appeal or request that it needs to be increased, then you will need detailed information about what income you received while receiving benefits as well as the expenses associated with your injury. Keep all bank statements, bills, credit card receipts, and other records in an organized folder so that it’s easy to provide documentation. While you may not need to present this information during the initial claim process, having these documents can make things easier when there is a dispute later on down the line.9. Protect Your Rights
It’s important to know that if someone else was responsible for your injuries — whether it be another worker or even your employer — then they might face penalties for their part in your injury. If this is the case, then you could be entitled to compensation beyond what you are providing for through your employer’s insurance provider. Don’t let fear or embarrassment keep you from protecting your rights if something like this comes up during claim proceedings.
9. Implement a Plan of Action
If the thought of filing an injury report makes you anxious or upset, then make sure that you take steps to deal with any negative emotions before they interfere with your ability to respond appropriately in difficult situations. This can include talking it out with a close friend or loved one, hitting the gym to work extra energy out, taking time for yourself at home, or spending some time doing activities that are separate from managing the stresses related to workplace injuries.
Work-related injuries are always a stressful time for employees, but there are actions that can be taken to make the process go more smoothly. If you follow these 10 steps when filing a workers’ compensation claim, you won’t have to worry if you did things the correct way, and you can focus on recovering.
