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How to file a Workers Compensation claim?
Workers’ Compensation can be filed for, when an employee becomes injured or ill at work. It provides reimbursement for medical expenses, rehabilitation and lost wages. The claim must be filed for and state’s procedures should be followed in order to get any benefits obtained from workers’ compensation.
The financial recovery of an injured worker mostly gets limited to the available compensation claim under the worker’s state. The laws of worker’s compensation benefit both parties participating in a work injury claim. The injured party is supposed to file a lawsuit in order to recover the loss. A claim can also be submitted directly to the employer’s workers’ compensation insurance carrier. It is not necessary that the employer will face a large damage award because compensation laws for workers have fixed specific amounts on the basis of injuries caused to the worker.
How to file a Workers’ Compensation Claim?
After the injury, medical care should be sought immediately. The employer should be informed of the injury as soon as possible. Different states require different time limits to notify the employer. Some states require a time limit of one month while others require it be from a few days to two years.
If the employer does not cooperate in filing a workers’ compensation claim, the local workers’ compensation office should be contacted. In order to begin the process of workers’ compensation, the claim forms should be filled out and submitted. After completion of the form, it becomes the obligation of the employer to submit your form to a suitable insurance carrier. Employees in need of workers’ compensation may also be required to file a claim to state’s workers’ compensation agency other than his/her employer. This depends on the laws of the state. Filing a separate claim has a time limit as well which can be a year after the injury, or shorter, depending upon the laws of the state.
The claim gets approved if the employer or the insurance company does not have any objection with it. In such a case, an adjuster from the insurance company contacts the employee himself or the employer and provides him with any instructions about the procedure of submitting medical bills for payment. Sometimes, things have to be settled the hard way. The employers, at times, fight the right of employees to benefits. This is done in order to stop the workers’ compensation rates from rising steeply, which can be responded by preparing good documentation comprising of medical records of the injury and treatment.
In case of temporary injuries that do not result in the loss of income, payment for medical bills is the extent of the workers’ compensation claim. If the individual is unable to work for the time being due to the injury, he/she will be provided reimbursement through checks for lost wages. This is provided within a week of approval of the claim. Notification to the insurance company for discontinuation of checks is sent by the employer after the recovery of his employee.
The Smith Law Firm, PC provides a full spectrum of legal services with specializing in estate planning, personal injury and bankruptcy law.
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