The uncertainty and confusion that follows a work-related injury can be overwhelming. Most states have laws that protect workers who are injured on the job. These laws, known as workers’ compensation or workers’ comp, provide benefits to injured workers.
In most cases, the claims process is relatively straightforward, and employees can receive benefits quickly. Of course, every claim is different, and there can be delays or complications along the way. But if you understand the process ahead of time, you can navigate it successfully. Here’s what you can expect:
Six steps to file a workers’ compensation claim
- Report the injury to your employer
Typically, you have 24 hours to report an injury to your employer. If you fail to file within the specified time, it may prevent you from receiving benefits. So it’s always best to notify your employer as soon as possible. You can do this verbally or in writing, but get it in writing if you can to create a record of your report and the date you made it.
The injuries that qualify for workers’ compensation benefits include slipping and falling, being hit by an object, repetitive motion injuries, and injuries sustained from lifting heavy objects. But not all work-related injuries will be covered. For example, if you’re injured while commuting to or from work, you likely won’t be eligible for benefits.
- Seek medical attention and fill out the required paperwork
Once you’ve reported your injury to your employer, you’ll need to see a doctor. Your employer may have a list of approved doctors, but in most cases, you can see any licensed physician. Tell the doctor that your injury is work-related so they can document it properly.
After getting treated, you’ll need to fill out a claim form. Your employer should have this form, or you can get it from your state’s workers’ compensation board. This form is typically called a First Report of Injury, and it will ask for information about the accident, the extent of your injuries, and how much work you’ve missed.
- Employer submits the required documentation
Once you’ve completed the claim form, give it to your employer and any other required documentation, such as medical bills and wage statements. Your employer will then submit this information to their compensation insurance carrier.
The insurance company will review your claim and determine if it’s eligible for benefits. They may also request additional information or documentation. For example, they may ask for a written statement from you or your co-workers about the accident. Your employer might also interview witnesses to get their statements and use them as supportive documentation for the claim.
- Insurance company approves or denies the claim
After reviewing your claim, the insurance company will approve or deny benefits. If the claim is approved, the insurance company will start paying you. These payments will typically cover your medical expenses and a portion of your lost wages.
If the claim is denied, you have the right to appeal the decision. The insurance company should provide information on how to file an appeal. You can also get help from a workers’ compensation attorney.
- Consult a workers’ compensation attorney
If you have any questions about the workers’ compensation claims process, or if your claim has been denied, it’s a good idea to consult with a workers’ compensation attorney. They can help you understand your rights and ensure you get the benefits you deserve.
You might search for the “best workers compensation attorney near me” to find one in your area. When searching for an attorney, check their reviews and qualifications and ask for referrals from any family members or friends. Once you’ve found a few qualified attorneys, set up consultations to discuss your case.
- The employee returns to work
Once you’ve recovered from your injuries, you can return to work. The insurance company will typically stop making payments at this point. But in some cases, you may be eligible for additional benefits, such as permanent disability payments.
There is also a formal return-to-work program to help employees return to work as soon as possible and remain productive. If you cannot return to your previous job, the workers’ compensation insurance company may provide vocational rehabilitation services. These services can help you find a new job within your abilities.
Final Thoughts
The workers’ compensation process is designed to help you get back on your feet after an on-the-job injury. By understanding the steps involved in filing a claim, you can ensure that you’re getting the benefits you deserve. If you have any questions about the workers’ compensation claims process, or if your claim has been denied, it’s a good idea to consult with a workers’ compensation attorney. They keep you aware and updated about your state’s laws and how it affects your claim.
