Imagine this: you are doing your job, and the next thing you know, you wake up in a hospital bed with a severe injury.
Your life changes completely within a second.
The next few months are full of recovery, medical bills, loss of income, and… the mountains of paperwork that you do not understand and would prefer to avoid at all costs.
This is when you should know your rights to claim after a work injury and get everything in order.
Did you know that most employees have no idea what their rights are when filing a work injury claim?
If your employer denies your work injury claim, it can cost you thousands of dollars in benefits that you are legally entitled to.
What you’ll learn:
- Common Reasons Work Injury Claims Get Denied
- Step by Step Process on How To File A Work Injury Claim
- When Do You Need A Lawyer To Help With A Work Injury Claim?
- Mistakes That Can Destroy Your Work Injury Claim
The Workers’ Compensation System Does Not Always Work As It Should
The workers’ compensation system is designed to help and protect people who have been injured at work.
Theoretically…
The hard truth is that, according to the U.S. Department of Labor, less than 40% of eligible workers even apply for workers’ compensation benefits.
An even smaller percentage is the actual number of workers who receive these benefits.
Why? The system is not clear. Sometimes employers are not on your side. Insurance companies are on the lookout for excuses to turn your claim down. The employees are often not aware of the methods of protection available to them.
This is where work injury lawyer services enter the picture. When claims get delayed, disputed, or denied, many injured workers need a work injury lawyer to fight for their legal rights to receive compensation.
The most common reasons for work injury claims denial are as follows:
- Deadlines have been missed – the worker has not reported injuries and/or filled out paperwork in time.
- Documentation – the medical evidence in support of the claim is missing.
- Causation – the injury did not happen at work, or the accident was not the employer’s fault.
- Pre-existing injuries – the current injury is not covered because the employee had one like it before.
Following and meeting the deadlines and requirements from the very beginning will prevent your work injury claim from being denied.
How To File A Work Injury Claim The Right Way
Filing a work injury claim is not a complex task. The steps are clear. However, there is a process that should be completed from start to finish.
The first step is the most obvious.
Report the injury immediately. Tell your supervisor. Report it in writing. Get a copy for your own records. The majority of states require a notification within 30 days, but the sooner you do it, the better.
The second step is even more important.
Visit a doctor immediately. As soon as the injury happens. Get professional medical documentation. It is the heart and soul of any successful claim.
Make sure that the doctor clearly sees how and where you have been injured at work. The details count. Where were you standing? Did you use any equipment? Who saw what?
The third step can be a little tricky.
Complete the official claim forms accurately. One check in the wrong box can delay your benefits for months. Be sure to read every question twice before ticking it.
Keep copies of everything. Forms. Receipts. Insurance letters. Create a paper trail that works in your favor.
Hire A Lawyer To Assist You In Your Work Injury Claim
Of course, not every work injury claim will need a lawyer. Simple claims, where employers are on your side, can be resolved quickly and with little to no complications.
But once your work injury claim starts getting delayed or denied, the moment to call a lawyer is here. This includes the following situations:
- Your claim was turned down for whatever reason
- The insurance company gives you an unfairly low offer
- Your employer is retaliating against you for making a claim
- You need surgery or long-term medical assistance
- Someone at your workplace disputes what and how the accident happened
The statistics speak for themselves. According to the National Safety Council, the average cost of a workers’ compensation claim is $47,316. In the case of more serious injuries like amputations, the number is $125,058 per claim.
Not small change. Insurance companies are in the business of minimizing the amounts they have to pay.
Work injury lawyer services will level the playing field for you. Lawyers are well aware of all the tactics insurance companies use. They will help you with documenting the injuries. They can help you negotiate a proper settlement that covers all of your losses.
Filing a Work Injury Claim: Mistakes to Avoid
Every year thousands of employees make one of the above mistakes without even realizing it. Don’t let this be you…
Mistake number 1: Reporting too late
Some people like to ‘tough it out’ and hope their injuries will heal with time. Then they report an injury. Too late. The employer insists that the accident did not happen at work.
Mistake number 2: Failing to attend medical appointments
Insurance companies are watching closely. If you miss an appointment or two, they will quickly conclude that you are either not really hurt or that you are not following the treatment plan.
Mistake number 3: Social media
That picture of you smiling at your child’s birthday party is all the evidence the insurance adjuster needs to prove that you are not really injured.
Mistake number 4: Accepting the first offer
The initial offers insurance companies make are usually very low. They are testing to see who will accept less than they deserve.
Mistake number 5: Trying to do everything on your own
If your case has any complexities to it, trying to do everything on your own can have very undesirable consequences. Do not be afraid to ask for help when you need it.
Workers’ Compensation: Know Your Rights
The workers’ compensation system was created for a reason.
If an employee is injured on the job, they deserve to receive proper medical care and receive wage replacement benefits.
But benefits do not flow freely.
Employees have rights. They need to know those rights. Employees have to follow the right procedure.
Every state has different rules. The deadlines are not the same. The benefit levels differ. The process changes depending on the location and industry of the job.
Ask the HR department how to file a claim and the documentation they will need. Document everything from day one.
Wrapping It Up
Work injuries occur every single day. The only question is whether an employee will know how to protect themselves if and when it happens to them.
Knowing their rights is the first step. Filing claims correctly is the next. Avoiding common mistakes protects the claim. Hiring a lawyer when required can be the difference between a fair compensation and no compensation at all.
- Report injuries as soon as they happen, and see a doctor the same day
- Document everything in writing and keep copies for your own records
- Follow all the deadlines strictly. If you miss them, your claim will be denied
- Consider hiring work injury lawyer services if you need professional help
- Never accept a settlement without understanding what you are signing
The system is not foolproof. Insurance companies are not angels. Employers do sometimes play dirty.
The employees that take control of the situation, protect their rights and follow the process are the ones who are likely to receive the benefits they deserve.
Your health and your financial stability depend on it.
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