The first priority in a workers’ comp claim is getting medical treatment. It is important to communicate to your doctor every complaint you have, even if you think it’s minor at the time. Some injurer workers tend to dismiss minor aches/pains thinking they will go away and instead focus on more serious injuries. As it turns out, those minor issues may become more bothersome down the road. Having it documented in your medical record early will make it easier for the insurance company to connect it to the accident. You should consider keeping a journal of your symptoms.
If you’ve been injured on the job, it’s important to document everything. This will serve as a helpful reminder and provide further evidence for who is liable to pay medical bills as the case progresses. Also, your paralegal will most likely ask you to keep them updated on medical treatments, including which doctors you are seeing, any changes in your treatment plan, and how you are feeling.
The workers’ compensation claims process is as follows:
Use our guide to make a full recovery, understand the workers’ comp process, and learn about key legal considerations regarding your claim.
1. Report the Injury to Your Employer and Request Medical Care
Why It’s Important: Reporting the injury promptly ensures your employer is aware of the incident, allowing them to fulfill their legal obligation to provide medical care. Most states have deadlines for reporting workplace injuries, so acting quickly is critical.
How an Attorney Can Help: If your employer is uncooperative or denies medical care, a workers’ compensation attorney can advocate on your behalf to ensure compliance with workplace injury laws.
2. Collect Witness Information and Statements
Why It’s Important: Witness accounts can corroborate your version of events, particularly if your claim is disputed. Collecting names and contact details early ensures you can document these testimonies when needed.
How an Attorney Can Help: A workers’ comp lawyer can assist in gathering formal statements from witnesses and using this evidence to strengthen your claim if it’s contested.
3. Document Injuries and the Scene with Photos
Why It’s Important: Visual evidence of your injuries and the conditions that caused them can be compelling proof in your claim. These photos can be used to show unsafe conditions or employer negligence.
How an Attorney Can Help: A lawyer can guide you on what specific types of photos may bolster your case and how to preserve this evidence appropriately.
4. Avoid Signing Documents or Giving Recorded Statements
Why It’s Important: Statements or signatures provided at the scene could be used to undermine your claim later. You may unintentionally admit fault or agree to conditions that limit your compensation.
How an Attorney Can Help: Consult with a workers’ compensation attorney before signing or recording anything to avoid jeopardizing your rights. They can handle all communications on your behalf to protect your interests.
5. Seek Medical Attention Immediately
Why It’s Important: Even if you feel fine initially, some injuries take time to manifest. Seeking medical attention ensures your injuries are documented and treated, protecting both your health and your claim.
How an Attorney Can Help: A lawyer can ensure your medical records are properly included in your claim and challenge any attempts by insurers to downplay or deny your injuries.
6. Keep Records of Medical Expenses and Consider Legal Assistance
Why It’s Important: Detailed records of your medical costs, treatments, and time off work are crucial for calculating the compensation you’re owed. These records substantiate your claim and support a fair settlement.
How an Attorney Can Help: An attorney can review your records to ensure all relevant expenses are included in your claim. They can also help you navigate the complexities of the workers’ compensation process, especially if your claim is denied or undervalued.
Frequently Asked Questions
Why isn’t the insurance company helping me?
Dealing with your employer’s insurance companies can be extremely frustrating. Remember that the insurance company your employer uses has the goal of minimizing the cost of your workers’ comp claim.
Will I be fired for filing a workers’ compensation claim?
The Workers’ Compensation Act provides specific protection against employer retaliation after workers’ comp claims; discrimination based on a workers’ compensation claim is illegal. Our team understands the workers’ compensation system and is experienced at keeping people in their jobs and protecting against wrongful termination and workers’ comp discrimination.
How do I know if I have a strong workers’ compensation claim?
Some key elements of a strong claim are as follows:
- Clear evidence of workplace injury: Documentation such as medical records, accident reports, and witness statements that clearly establish the injury or occupation disease occurred on the job.
- Timely reporting and filing: The injury was reported to the employer promptly, and the workers’ compensation claim was filed within the required time frame set by state law.
- Consistent medical diagnosis: The medical diagnosis and treatment align with the reported workplace injury, and there is consistent medical evidence supporting the severity and nature of the injury.
How long do I have to file a workers’ compensation claim?
Each state has its own governing laws, so the deadline varies between states. In Missouri, a claim must be filed within 2 years of the work injury or death. Additionally, employees must report their injuries to their employer within 30 days of the injury (or its discovery).
How can a workers’ compensation attorney help?
The average payout for a workers’ comp claim is nearly $30,000. However, each case is unique and how much you may recieve from a workers’ comp settlement will vary based on many factors.
How can a workers’ compensation attorney help?
A lawyer will help with investigations, collect supporting evidence, negotiating benefits, and prepare a case for trial if needed. Following an accident, navigating a workers’ comp claim can be complicated – especially if the insurance company tries to dispute your claim. In many cases, insurance companies will try to settle a claim for significantly less than what you deserve. A worker’s compensation attorney can help you build a strong claim and maximize your compensation from benefits.
How long does a workers’ compensation case take?
You can receive a workers’ comp settlement offer at any time throughout a case. However, most cases are settled within 6 months and are almost always paid out after the injured worker has reached maximum medical improvement (MMI) – the point where a doctor has determined the injured worker has recovered. Each workers’ compensation case is unique and can take less or more time to settle depending on the injuries and other case factors
