If a worker is injured on the job, they have certain rights afforded to them under the law. One of those rights is workers’ compensation benefits. Although this insurance program is meant to offer benefits to injured workers, individuals sometimes find themselves unfairly denied. Knowing the steps involved in the process is essential for workers who want to ensure their rights are protected. This informative guide should make filing a workers’ comp case much less stressful.
How to Get Started
When it comes to planning a workers comp claim, individuals need to be prepared. The following steps are integral for helping a person seek the workers’ compensation benefits they are owed for their on-the-job injuries.
- One of the first things a person needs to do is to inform their employer of their injuries. Each state has its own time limit for the report. It is in the best interest of the injured worker to inform their employer as soon as possible.
- Once the employer has been informed, their responsibility is to immediately report the injury to their insurance company so the claim can be evaluated in a timely manner. In most states, the insurance company has a couple of weeks to approve or deny benefits.
- The injured worker will be required to be evaluated and treated by a company-approved doctor. In some cases, the injured worker may have the right to receive care from their own doctor, depending on the scope of their injuries.
What Is Covered By Workers’ Compensation Benefits?
It is important injured workers are aware of what is covered by workers’ comp so they can make the right decisions for their needs. Workers’ compensation replaces a percentage of the wages the worker would have earned if they had not become injured. It will also cover 100% of all injury-related care.
Workers’ compensation also covers therapy and job training when a worker can no longer perform their current job. In cases where a worker becomes permanently disabled, disability benefits are paid. If a worker dies, their family will receive a death benefit.
What Happens If the Workers’ Comp Claim Is Denied?
Unfortunately, workers are sometimes denied their benefits unfairly. A denial will come in the form of a letter in the mail that details why the claim was denied. It is important to note that the injured worker has the right to appeal the decision and should right away.
In the case of a denial, the injured worker may go through an administrative hearing that is heard before a judge. Although it is not required, many injured workers feel more confident hiring an attorney to help them with their workers’ compensation denial.
Seek Legal Help
Consulting with a workers’ compensation lawyer is wise, even if an injured worker feels their employer and the insurance company will be cooperative. The process of filing for workers’ compensation is not always easy for injured workers. Having someone working on their side makes the process much less stressful.
Injured workers have the right to receive the benefits they are owed. Getting the right workers’ compensation settlement sometimes requires getting help from a lawyer. No injured worker should be forced to go through this process alone when there is legal help that can be sought right away. Those who have been injured on the job should follow the steps above and then schedule a consultation appointment with a lawyer.