You’ve been injured at work. How do you file a workers’ compensation claim? Shouldn’t your employer file it for you?
That’s not how it works. You lose your right to workers’ comp if your employer knows about your injury before you file the claim.
Filing for workers’ comp is how you’ll pay for medical expenses and how you’ll be compensated for missed work days.
Fear not; this process is much easier than it seems. Let’s explore how to file a worker’s compensation claim.
Understand Your Legal Rights
You should first contact your supervisor or employer to alert them in writing to your injury and your intention to claim the filing deadline. You will need to file the claim with the respective state workers’ compensation board and provide your employer with paperwork.
- your name
- social security number
- date of the injury
- description of the injury
Inform your employer that you want to file for workers’ compensation benefits after you have notified them of your injury.
Create an Accurate Record of Injury
Employers and supervisors must make sure that all details of the injury are documented correctly and thoroughly. The timing and location of the incident must be documented, including who was a witness to the injury happening. The employer or supervisor should make sure the medical treatment received is also documented thoroughly.
This includes the date and time of the treatment, the name of the provider as well as the type of treatment given. They should also record all details of the employee’s recovery and note any complaints made by the employee.
Gather Supporting Documentation
If you want to file workers’ compensation claim documents, you will need to gather supporting documentation. Be sure you have collected all correspondence between you and your employer regarding the injury you have sustained, as this will be proof of your claim. Your medical records and doctor’s reports should also be collected.
Take photographs of the injury, if possible, as well as any medical equipment used to treat it. Consider accounting for any wages lost as a result of the injury, as well as your lost earning capacity going forward. Document any emotional or mental trauma you have experienced as a result of the injury.
Seek Professional Help With Your Case
It is recommended you seek professional help with your case. A qualified lawyer, such as an oil field injury lawyer, for example, can help you gather and compile the necessary documents, advise you on the deadlines, and ensure your rights are properly represented.
It is also important to have a clear understanding of the various elements of the claim including the employer, the insurance carrier, and any medical benefits that may be available. A lawyer can provide legal advice on how to prepare the claim and represent you throughout the entire process.
The Bottom Line: How to File a Workers’ Compensation Claim
Filing a workers’ compensation claim may seem daunting, but with the right resources and assistance, it can be a simple process. Rely on the resources available to you: state websites, employers, and medical personnel. The ultimate goal when filing is to get the treatment and compensation you deserve for your workplace injury. Take action and contact a worker’s compensation lawyer today.
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