Workers injured in their workplace have the right to compensation for wage replacement, medical treatment and other benefits. If a worker is injured in a workplace, he needs to file for workers’ compensation as soon as possible. There is a limited time for making a workers’ compensation claim and failure to claim within that allotted time frame can result in the denial of benefits. The Workers’ Compensation procedure differs from state to state; however, the general process is similar.
Steps involved in the process of filing for workers’ compensation
- The worker needs to report the accident as soon as possible to the employer. The next step is to get medical treatment. Workers’ compensation laws require workers to report work-related injuries to their employer within a specific time period, often 30 days or less. When notified, the employer authorizes a physician to treat the workers’ initial injuries.
- The employer then notifies the workers compensation insurance carrier. Meanwhile, the worker is expected to report to the workers’ compensation board. When worker’s compensation insurance receives the notification, they will begin to pay the worker’s medical bills along with a percentage of their income each week.
- If a worker is not satisfied with the medical care received or if his injuries require specialized attention, he can file an official claim. The time limit for making this claim is one year from the date of injury or about three years from the date a job-related illness first appeared.
- The insurance company will either accept or deny the claim. A worker can begin the appeal process if he is not satisfied with the compensated amount of money.
- At an informal hearing with the commissioner, the worker can dispute the claim offered or denied. A worker can present evidence and witness testimony.
- If a worker receives an unfavorable decision from the formal hearing, he/she can appeal to a review board. The review board will review the records to determine accuracy.
- Finally, a worker’s attorney may dispute the case through the state court system if necessary.
- A settlement for a workers’ compensation case is reached when the worker and the insurance company that provides coverage for the employer have agreed on a dollar amount for the injuries. In return for this payment, the worker gives up his/her right to further action.
Injured in a workplace? Contact The Reinken Law firm
Experienced workers compensation attorneys from the Reinken Law firm can help you determine if you have a worker’s compensation case and will assist you in recovering full compensation for your injuries.