Getting injured at work is shattering. The injury could have both immediate and long term physical, mental, and financial effects. Thus, after an on-job injury, you should move to protect your rights. Unfortunately, even though the worker’s compensation covers most employees, winning a claim can get quite complex, depending on your situation. Well, most insurance companies do not want to pay out, and in some cases, the employer will not want to compensate! Nevertheless, even with all obstacles, you will get success in a workers’ compensation claim if you do things right. In this article, we will take you through tips to help you file a successful workers’ compensation claim.
Seek Immediate Medical Attention
Filing a worker’s compensation claim requires that you have a report on the injury’s causes, severity, and treatment as evidence. A doctor should compile this report. It is, therefore, imperative to visit your doctor as soon as possible. In cases where your medical insurance company is choosing a doctor for you, consider changing doctors if you are not comfortable with the treatment. These doctors are paid by the insurance companies and could be compelled to minimize your injuries and treatment. This way, the insurance does not incur a lot of money in compensation. Moreover, you may be requiring extensive treatment, which they might not offer.
File Your Claim Accurately And Before The Deadline
After an on-job injury, it is imperative to file your claim as soon as possible. There is a statute of limitations, after which your claim will be rejected automatically. If you file your case early, you will have adequate time to make a better case for your claim, hence enhancing your success rate. Then, take the time to ensure that the information you have provided is accurate.
Report The Incidence To Your Employer
You will be required to prove that your accident is work-related to succeed in a worker’s compensation claim. Thus, after the accident, file a First Report of Injury with your employer to give way for more investigation. In case you run into any hurdles, then it is best to speak to a personal injury attorney. For example, if you get involved in a car accident in the line of duty, then you should connect with a top car accident attorney to help you fight for your rights. The attorney will guide you on conducting the additional investigation supporting your claim to ensure that you get fair compensation for all your losses, pain, and suffering.
Safeguard Your Medical Records
Your employer’s insurer and the worker’s compensation program will require you to provide medical evidence for compensation. It is imperative to keep all the records from your doctor, pharmacist, and health insurance provider. Moreover, your employer’s insurer could ask you to sign a medical authorization request to enable them to gather your medical record and bills on your injury. Before signing, read through the request carefully to make sure that its use is appropriate and covers the correct dates.
Obtain Statements From Witnesses
Your employer may defend themselves by insinuating that the accident’s cause resulted from your negligence on your side. Yet, it might have occurred owing to unsafe working conditions or machinery that was not well maintained. You should tighten your claim. You should provide a statement from a witness to increase the chances of winning your claim. Ensure that the statement is written as ‘she said’ or ‘he said’ does not work out well in legal matters. Again, you are better off having a personal injury attorney on your side to help conjure up the claim.
Beware of Private Investigators And Surveillance
Insurance companies will do everything that they can to avoid compensating you. They can even make use of private investigators and surveillance in search of something that contradicts your compensation claim. For example, the doctor’s report could be showing that you cannot maintain an upright posture. If the investigator gets footage of you walking along the streets in a proper posture, your claim could be contradicted. Thus, make sure you follow your doctor’s order on the recommended restrictions. This way, your activities will not be used to deny you treatment and compensation. A lawyer will also guide you on the dos and don’t as you seek compensation.
Appeal A Denial of Benefits
Even the very legitimate compensation claims are turned down. Yet, you have a right to appeal a denial of benefits to your employer’s insurance company. Many workers who received initial denials end up receiving at least some workers’ comp benefits after filing an appeal. Receiving the compensation benefits requires effort, and you never know, you may overcome the hurdles after the appeal.
You or your loved one deserve to receive compensation for losses, pain, and suffering resulting from workplace accidents. Sadly, the law might not be that straightforward. Yes, navigating through the compensation system could be difficult due to the diligent effort from your employer’s insurer and the employer to avoid compensation. That is why it is essential to take steps to protect your rights. More importantly, talk to an attorney who will help fight for your compensation.