Workers’ compensation claim, as the name implies, is a type of claim you receive when you are injured on your job. This can be in the workplace or anywhere else you were doing your duties. Workers’ compensation claims benefit you by covering your medical expenses and lost wages during that time.
However, filing one can be somewhat complex and time-consuming if not done the right way. Many people find the process confusing enough that they leave it midway. But don’t worry. We are going to make it easy for you.
Below in this article, we have outlined 7 unmissable steps that can help you file a successful workers’ compensation claim.
1. Understand What Workers’ Compensation is
Compensation lawyers specialize in helping injured or ill employees navigate the workers’ compensation system, ensuring they receive the entitled benefits such as medical expenses, income replacement, and death benefits.
Most states require employers to provide workers’ compensation insurance; in many cases, employees are automatically covered by their employer’s policy. In some states, however, employees may need to purchase their own policy.
Your employer will then provide you with the necessary forms and help you through the process.
2. Know if You are Eligible to File a Claim
Generally, you are eligible to file a claim if your injury was caused by your job, occurred while you were working, and resulted in missed work, disability, or death. However, there are some exceptions to these rules.
For example, if your injury was caused by your own negligence, you may not be eligible to file a claim. If you are unsure whether you are eligible to file a claim, there are some things you can use as a reference.
In order to be eligible to file for workers’ compensation, you must:
- Be employed in a business that is required to carry workers’ compensation insurance
- Be injured in the course and scope of your employment
- Have a work-related injury or illness that requires medical treatment
If you meet all of the above criteria, then you will most likely be able to file a claim and receive benefits.
3. Seek Legal Help Right Away
Many people try to go through the process on their own, but we won’t recommend you do so. To get the best possible outcome of your workers’ compensation claim and get the compensation you deserve, you will have to take help from an experienced attorney who can help you go through the process.
An attorney can advise you on the best way to file your claim and can handle all of the paperwork for you. They can also help you if your employer tries to dispute your claim or if you have any other problems with your case.
However, it is important to find a law firm or attorney who is experienced and qualified in their area of practice. Stapp Law, LLC is a law firm dedicated to solving workplace injury cases to provide workers with the right compensation they deserve.
4. Gather the Required Documents
In order to file a strong lawsuit against your employer, you will need to have all the supporting documents that mention the entitlement of workers’ compensation claims in case of an injury. These include a copy of the workers’ compensation claim form, a copy of your Doctor’s report, and your job contract.
If you have all of the required documents, the process will be much smoother, and you’ll have a better chance of getting the compensation you deserve. Consult with your attorney to ask them about the types of documents you will need and gather those as soon as possible to be on the safe side.
5. Be Prepared for the Appeals Process
The appeals process is designed to give both sides the opportunity to present their case and have a decision made based on the evidence.
The first step in appealing is to request a hearing before the Workers’ Compensation Board. This hearing will give you a chance to present your case and argue why you believe your claim should be approved.
This appealing process can be a difficult one, so it’s recommended to have an experienced personal injury attorney by your side to increase your chances of success.
6. File a Lawsuit if Appeal Denied
If the board denies your appeal or hasn’t paid you the benefits you were entitled to, you have the full right to file a lawsuit against them and take your matter to a public court of law. This can be a very costly and time-consuming process, but it is often the only way to get the compensation you deserve.
This is where your attorney will be the most helpful. Discuss your chances with them and decide if filing a lawsuit is the best course of action for you. They will help you navigate the legal system and ensure that you have the best chance of success.
7. Stay Up to Date with Your Case
Workers’ compensation claims can be a long and complicated process and sometimes confusing. However, here are a few things you can do to stay on top of your workers’ compensation claim:
- Check your mail regularly. You should receive regular updates from your employer and the workers’ compensation insurance company about the status of your claim.
- Keep track of your medical appointments and treatment. This will be important information when you meet with your employer and the insurance company.
- Stay in contact with your attorney and ask them about any updates regarding your claim or lawsuit. Regular communication between you and your attorney will help you get regular updates and enable them to research and work on your case properly.
Along with this, you will also have to personally meet your employer and see what they have to say. Sometimes they may become ready to compensate you outside the court, which is in the best interests of both parties. So, make sure you stay up to date with everything related to your case and do your best.