What to Expect After a Filing a Workers' Compensation Claim

The Workers' Compensation system was established to protect injured workers by providing for benefits (and to their families) in the event there is an on-the-job injury or an injury sustained due to the type of work performed. Some Workers' Compensation claims are for accidents on the job such as loss of limb in a machine or a back injury due to heavy lifting. Other Workers' Compensation claims are due to medical problems due to repetitive motion, such as carpal tunnel syndrome. Still other Workers' Comp claims are for the inhalation of dangerous chemicals such as asbestos, which often results in a form of lung cancer called mesothelioma. Regardless of the type of injury you have suffered at your job, you should seek the legal advice of an experienced Workers' Compensation lawyer today to ensure that you and your family get the benefits to which you are entitled.

Filing a Workers' Compensation claim is no easy task. The language can be difficult and confusing, and often times, the first filing is quickly denied. Workers' Comp will deny claims for reasons such as a deadline was missed or a form was filled out incorrectly. Workers' Compensation attorneys have a great deal of experience filling out these forms and dealing with the difficult aspects of Workers' Compensation law.

The Claims Process

Before making a workers' compensation claim, the injured worker or their representative must tell the employer that an injury has occurred and provide medical information. In certain cases, a an injured worker will need to submit a written claim form:

o If the insurer requests one
o If the worker needs weekly payments for more than 12 weeks or medical expenses of more than $7,500
o If the insurer decides to not start provisional liability payments, or stops making provisional liability payments, and the worker disagrees.

After this step, the insurer will decide whether or not to accept the claim. Before payments begin, the insurer will need certain facts and will investigate the matter by questioning the employer and the injured employee. Information will also be sought from the medical doctor who examined the injured employee. Within seven of being informed of the accident/injury, the insurer must begin provisional liability payments to the injured worker unless there is a compelling reason to not begin payments.

A claim for workers' compensation benefits must be made within six months of the date of the injury in most states. This may be extended to three years in some cases. A worker is not entitled to compensation unless notice of the injury was given to the employer as soon as possible after the injury occurred.