A workers’ compensation claim can result in benefits such as medical coverage or wage replacement if an employee is injured or develops a sickness in relation to work. In order to successfully file a workers’ compensation claim, the employee and employer both have to follow specific steps so that the claim can be authorized promptly and properly.
How it Works
It is important that once you become injured on the job that you immediately start the process of filing a workers’ compensation claim. It is your responsibility to inform your employer of the day, time, the specifics of your injury and how it happened. An employee’s injury must be work related to filing a claim. Injuries including psychiatric injuries, self-inflicted injuries, injuries due to fighting or horseplay, or injuries while under the influence of drugs or alcohol will not qualify for workers’ compensation. Your employer is required to give or mail a claim form within one working day of your incident. If you do not receive a form from your employer you can get in contact with the Information Assistant Unit of your respective state. From there the insurance company sends a doctor to complete an independent medical exam on the employee who then reports the results back to the insurance company so that they can file the claim appropriately. If you file a claim form and your claim is not denied within 90 days, assume that it has been covered.
The statute of limitations for filing a workers compensation claims varies from state to state. If you’d like to learn the rules of your specific state you can adhere to the worker’s compensation board.
You typically can not file a direct lawsuit on your employer in most workers’ compensation claims unless they were negligent, discriminatory, or purposely tried to inflict danger. These types of lawsuits can be extremely complicated due to workers’ compensation statutes. If you are in need of a lawyer who has experience in workers’ compensation or other work-related injuries contact The Cochran Firm today at 1-800-THE-FIRM.