Got injured at work and don’t know what to do? Well, don’t worry about it. You can report your injury and process your workers’ compensation claim process. In order for an injured employee to receive benefits, the worker must follow the proper workers’ compensation claims process, such as filing a claim before the deadline of the state.
If you want to know how you can file a claim, just keep reading this article.
What is workers’ compensation?
Workers’ compensation is also called workers comp, workers’ comp, or workman’s comp. It’s a system that supports and covers medical expenses and lost salary for employees when they sustain an injury at work. It’s doesn’t only protect employees but also the employer if ever the employee wants to sue the company. If you need to take the damages to court, make sure you have a compensation lawyer with you.
How does the claiming process work for the employer and employee?
If a worker gets injured on the job, there is a restricted amount of time to present paperwork in order to obtain workers’ compensation benefits. Either the worker and the employer must take actions immediately when an injury occurs. Apart from that, the claim must be denied.
When an injury happens, the employer must:
- Provide the employee with the proper guidance and paperwork
- Talk to the insurer and file the claim
- Abide by the state law for reporting work injuries
On the other hand, for the employee, he or she must:
- Arrange the claim with the insurer
- Adhere to state law for reporting work injuries
- Update the employer about the injury (include the time, date, type of injury, and how it occurred)
- File a formal workers’ compensation claim
The workers’ compensation process can differ depending on where the employee lives since workers’ comp are controlled by the state.
What kind of injury or illness is eligible for a workers comp claim?
Usually, a lot of injuries that happen on the job are covered by workers’ comp insurance, such as accidents and diseases led by exposure to work activities, equipment, and materials. Once the employee experiences an injury at work and he or she is covered by workers’ comp insurance, time is crucial to the claiming process.
However, these are the things that workers’ comp won’t usually cover:
- Self-inflicted injuries
- Stress or other psychiatric injuries
- Injuries led by fighting or horseplay
- Injuries that took place while travelling to or from office
- Injuries happened while doing a crime whether influenced by drugs or alcohol, or while disobeying company policies.
How are workers’ compensation claims paid?
They are paid by the amount you will receive which is a percentage of your wages at the date of injury. In plenty of states, the percentage is 66 2/3%. Several states add in your wages the amount your employer contributes to your employee benefits. Also, time-loss compensation benefits are paid on a regular basis, normally twice per month.
When is the right time to file a workers comp claim?
So, the question is, when should you file a worker’s comp claim? As an employee, you need to file a workers’ compensation claim if injuries happened on the job or within the scope of employment. This usually includes occupational accidents, trauma injuries, diseases, or illness produced by exposure to work activities or chemicals.
What are things I should avoid telling a workman’s comp doctor?
Usually, an insurance company-verified treating doctor is required to visit with the injured employee to assess the extent of the injuries incurred from a workplace accident. There are 3 main things you must not tell your workers’ comp doctor:
- Don’t say negative stuff about your employer
- Don’t be rude
- Don’t ever lie or exaggerate your symptoms
What are the reasons why employers fight against workers comp claims?
Well, there are plenty of medical conditions that are hard to confirm, and some claiming employees may fake their illness. This is usually the reason why many employers fight the claim which can, of course, save them their insurance company money. But if you have the proper workers’ compensation benefits and you’ve been really injured in the span of employment and your employer want to dispute the claim, make sure you ask help from a skilled personal injury lawyer or a compensation lawyer.
