Accident at Work: Filing a Workers’ Compensation Claim
If you’ve been injured in a workplace accident, it’s crucial to report the incident as soon as possible. Failing to notify your employer in a timely manner can jeopardize your chances of receiving compensation or even strain your relationship with them. Reporting the accident promptly also ensures that your employer is aware of the incident and that you can access necessary medical care to begin recovery.
If you or a loved one has suffered a workplace injury, you may be entitled to compensation. Protect your rights and secure your family’s financial stability. Start today by filling out a free, no-risk case evaluation with E&L, LLP.
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How to File a Workers’ Compensation Claim
If you’ve been injured on the job, your first priority is to take care of your health and seek medical treatment. As soon as possible, however, you’ll need to initiate a workers’ compensation claim. When an employee sustains a work-related injury or illness, specific steps must be followed to ensure the claim is properly filed and benefits are approved.
Reporting the Incident:
Each state has specific timelines for reporting workplace injuries. Delaying this step could result in your claim being denied. Inform your employer immediately about the accident, providing details such as the time, date, and circumstances of the injury. Your employer typically handles filing the workers’ compensation claim with their insurance provider but will require your documentation and evidence to proceed.
Documenting the Incident:
Employees must fill out paperwork outlining details of the injury, including where and how it occurred. Statements from witnesses can further support your case. This documentation is submitted to the workers’ compensation insurance company, and in many states, a report must also be filed with the state’s workers’ compensation board.
What Happens After Filing a Claim?
Once a claim is filed, the insurance company will review the details and decide whether to approve or deny it.
- If approved, you may begin receiving benefits such as coverage for medical bills, disability payments, and a portion of lost wages.
- If denied, you have the right to appeal and seek legal assistance to fight for your compensation.
Insurance companies often base their offers on the nature and extent of the injuries. Workers have the option to accept these payments, negotiate for a higher structured settlement, or request a lump sum.
Common Workplace Injuries
Workplace injuries can occur in any industry but are more common in high-risk jobs, such as:
- Construction workers
- Loggers
- Roofers
- Delivery drivers
- Police officers
- Mechanics
Some of the most frequent workplace injuries include:
- Overexertion injuries
- Slips, trips, and falls
- Contact with objects or equipment
- Burns and electrocutions
- Broken bones
For severe injuries, employees may need extended time off or be unable to return to their previous roles. Rehabilitation programs may help injured workers transition to new careers, but the impact of a workplace injury is often life-changing.
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Understanding Denied Workers’ Compensation Claims
Facing a denied claim can be disheartening, but it’s not the end of the road. Below are common reasons claims get denied and what you can do:
- Failure to Report the Injury on Time:
Most states require injuries to be reported within a few days, often no longer than 30–90 days. - Employment Disputes:
Employers may claim the injury didn’t occur during work hours or argue that misconduct, such as being under the influence of alcohol or engaging in horseplay, caused the accident. - Non-Compensable Claims:
Some injuries, such as stress-related conditions, may not qualify for workers’ compensation in certain states. - Lack of Medical Treatment:
Without proper medical records, it’s difficult to prove the extent of your injuries. - Insufficient Evidence:
Denials often result from incomplete or inadequate documentation. Providing strong evidence in your appeal increases the likelihood of success.
Frequently Asked Questions
- When should I hire a workers’ compensation lawyer?
It’s advisable to consult an attorney if your claim has been denied, involves a complex situation, or if you’re navigating the appeals process.
- What benefits can I receive through workers’ compensation?
Workers’ compensation benefits may include:
- Temporary disability benefits (typically two-thirds of your wages)
- Permanent partial disability benefits for lasting injuries
- Medical treatment and rehabilitation costs
- Vocational training if you’re unable to return to your previous job
- The duration and amount of benefits depend on the severity of your injury.
Get Help from E&L, LLP
If you’ve been injured at work, don’t navigate the claims process alone. Let the experienced attorneys at E&L, LLP help you secure the compensation you deserve.
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