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Worker's Comp Resources
- Find Workers Compensation Lawyers, Worker Comp Attorney Finder
- How To Preserve Evidence In A Workers Compensation Case
- Will A Workers Compensation Case Affect My Future Employment
- Workers Compensation - The Basics
- What Should I Bring To A First Meeting With A Workers Compensation Attorney
- What Should I Do, If I Suspect My Employee Of Workers Compensation Fraud
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How to Claim Workers Compensation Benefits
Companies provide workers' compensation insurance to their employees to cover work-related injuries. If you cannot work because of a work-related injury, you're probably wondering how to claim your workers' compensation benefits.
This article will explain the steps to take to claim workers' comp benefits. Fortunately, the steps to process a workers' comp claim are relatively easy.
Get Medical Attention
Once you've been injured, get immediate medical attention. It's important to quickly treat your injury to start the healing process.
Getting medical treatment will also create a paper trail detailing your injuries and how they've been addressed. So be sure to tell your doctor every detail about your injury.
Report Your Injury to Your Company
The second step is to report your injury to your employer. Either inform your immediate supervisor, the company's human resources department or both. Tell your employer about a work-related injury as quickly as possible. The time limit to report work-related injuries and claim benefits varies from state to state.
At this time, also provide your employer with any orders from the doctor that prohibit you from working or limit the types of work you can do.
In addition, obtain the name and contact information for your company's workers' comp insurance carrier.
The Paper Trail & Employer Investigation
Once you report your injury, you will have to fill out workers' comp claim forms. Then your employer will notify their insurance carrier and investigate the work injury claim.
The insurance company or an administrative agency will review the evidence provided and decide if you should receive benefits. Evidence may be culled from your work file and presented at an administrative hearing.
Consider Hiring a Workers' Compensation Attorney
There are multiple reasons to meet with a lawyer if you've been injured at work. A lawyer's comp lawyer can assess your workers' compensation case. He can also help you fill out the necessary paperwork to ensure benefits are received.
In addition, since employee injury laws vary from state to state, a lawyer will know how workers' comp laws apply where you live.
Most important, once you accept workers' comp benefits, you give up the right to sue your employer. Because of this you may want a lawyer to review your case to ensure you're making the right decision.
A lawyer could assess your case and determine if you can sue someone else for your injury. For example, if a fork lift operator is injured while operating the machinery, a lawyer could help determine whether there's a legitimate case against the fork lift manufacturer.
Claim Your Benefits
If you are found eligible for workers' comp benefits, workers' comp insurance will pay for hospital and medical expenses stemming from the work-related injury. Insurance will also cover lost wages and, in extreme cases, death benefits to an employee's family.
If an injured employee can no longer perform his job, an employer must offer the person a replacement job. If no replacement jobs are available, then a person's future employment cannot be guaranteed.
If your claim is denied, you can appeal.