When someone gets injured at work, they are entitled to workers’ compensation to take care of any of the problems caused by the accident. Those include medical bills and wage replacement if they are unable to work. However, there is a procedure that the worker needs to follow carefully if they want to receive compensation.
This is usually a straightforward process, but legal experts like the ones at ghitterman.com suggest that an injured worker retain a workers’ compensation attorney just in case. Even if the use of an attorney never becomes necessary, it is better to have an attorney and not need one than to need an attorney and not have one. So if you get injured while on the job, then follow the workers’ compensation procedure laid out by your employer, and then contact an attorney.
The Workers’ Compensation Process
After getting injured on the job, the first thing the worker should do is get treated for their injuries. If the injury is severe, then they should be rushed to an emergency room for treatment; if it is not too serious, then the employee should see a doctor to get their injury evaluated and treated so that they can include the medical report in their workers’ compensation claim. The employee should then inform their employer of the workplace injury as soon as possible. A written notice is generally required, but in some cases, a verbal notice will be enough.
There is a deadline for reporting the injury to the employer and it varies from state to state, which is why the worker should do so as soon as they can. In the case of injuries or conditions that do not appear immediately, such as mesothelioma or cancer, then the worker should inform their employee when symptoms of their illness first begin to appear. After the employer has been informed of the injury they must provide the injured employee with the following:
- The reporting forms for the workers’ comp insurance provider
- A reporting form for the state’s workers’ comp board if the state law requires it
- Information about the employee’s rights and their workers’ comp benefits
- Information about how they can return to work
What Happens Next
After the injured employee completes all of the necessary paperwork, their employer is responsible for filing the claim with the workers’ compensation insurance carrier. They should also submit the necessary documentation to the state’s workers’ compensation board. Additionally, the employee’s doctor should also send a medical report to the employer.
After all of this is done, it is up to the insurer to make the next move. If the insurer approves the claim, then they will inform the employer of the payment details. The injured employee can then choose to accept the payment offer or negotiate for either a lump sum settlement or a structured settlement. If the insurer denies the claim, then the injured worker can appeal the decision or ask the insurance company to review its decision.
After the Recovery
Once the employee has recovered enough that they are ready to return to work, they should inform their employer and the workers’ compensation insurance provider with a written note. However, if the injury is serious enough, then the insurance company may continue paying disability benefits.
