Why shouldn’t I just file for workers’ compensation?
Workers’ compensation is a series of laws detailing the benefits that injured employees should receive and the process of obtaining these benefits. The laws on workers’ compensation vary from state to state. Furthermore, there are special laws for employees in specific kinds of industries like rail road employees, and for federal government workers. In many states, businesses or employers are required to have some kind of workers’ compensation insurance for injured employees. A worker’s compensation claim is not a lawsuit against your employer; it is a request for benefits. The following web page will discuss why you should file a worker’s compensation, how to file a claim, and the benefits you stand to gain.
3 Reasons for Filing a Workers’ Compensation Claim
Improves Workers Conditions
When you report an injury you have suffered while working, the law requires your employer to investigate what caused the accident. The employer will in return gain a better understanding of the potential hazards in the company and work to avoid similar accidents in future.
When an employer is held financially liable for an employee’s injuries, he/she will implement stricter safety measures and ensure that employees follow them. As a result, employees are able to avoid future injuries and accidents and this boosts employee morale.
Additionally, when investigations on a claim are conducted, this impacts the regulations on national safety. Claim’s data enables organizations quantify the common job site injuries and their main causes. Experts use this data to lobby for stricter safety regulations.
Contrary to popular belief, workers’ compensation is not an attack against your employer. It is not an expense that is paid for by your boss. The laws on workers’ compensation require companies to have this type of insurance; therefore, it is a risk that the company caters for.
Therefore, you should not hesitate to file a claim thinking that it is an onslaught against your employer. If you sustain injuries at work, you need to pay for the medical bills; you might need time off from work to recuperate, and rehabilitation costs. Workers’ compensation help corporations cater for these expenses.
Statute of Limitations
If you fail to file a workers’ compensation claim within a certain period of time, you will lose your right of making any claims in future. Each state has its own deadline for making a claim depending on the injury. However, it is advisable to file your claim within an year from the time of the accident or injury.
Additionally, you are required to inform your employer about your injuries within a period of 30-45 days or else you cannot file a claim.
How Do You File a Workers Compensation Claim?
The first step in making a workers’ compensation claim is notifying your employer regarding the injury in 30-45 days from the time of the injury or accident. After the employer is notified about an employee’s injuries, the employer is required to issue a report to the industrial commission or workers’ compensation board and the workers’ compensation insurance carrier.
After the workers’ compensation carrier is aware of your injuries, they will start paying for your medical bills and a percentage of your average weekly wage. However, sometimes the process is different. A worker may visit the doctor with work related injuries and the doctor will require them to fill a workers’ compensation claim form to inform their employer and the insurance company about their injuries.
In some cases, your claim may be rejected by the workers’ compensation carrier. In such cases, you should consult a worker’s compensation lawyer for help in filing an appeal with the industrial commission or the workers’ compensation board.
The Benefits of Filing a Workers Compensation Claim
Permanent Partial Disability
If your injuries led to permanent partial disability, you can get compensation for your impairment. You are legally entitled to this award if your injury restricts you from the work you can do, you underwent surgery, or if your body cannot return to its former state.
Time Loss Compensation
If your injuries prevent you from attending work for a certain period of time, you are entitled to total or partial temporary disability benefits, also called time loss compensation.
Unpaid Medical Bills
A workers’ compensation claim gives you the right to receive continuous medical care for your illness or injury. This means, you should are entitled to receive payment for initial, current, and future medical expenses.