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The Claims Process

If you have suffered a work-related injury, illness, or disability, it’s important to know and understand the claims process. Many employees turn to their employer to tell them if their case qualifies for workers’ compensation, however this can have serious implications on your case. Incorrectly filing a workers’ compensation claim can also prolong your case and/or effect the benefits you receive.

Immediately

Once you have received the necessary medical treatment for your injury, you should immediately report the accident and how it happened to your supervisor. You should then submit the accident in writing to your employer as soon as possible, but within 30 days.

After submitting the accident to your employer, you need to file a claim with the Board by mailing the Employee Claim (C-3) form to the appropriate Board District Office. It’s best to schedule a meeting with a workers’ compensation attorney before submitting this form to ensure it’s done correctly.

Within 2 Days of the Accident

A doctor will complete a preliminary medical report and mail it the appropriate District Office. Copies of this report must also be sent to your employer or the insurance carrier, you, and your representative if applicable.

Within 10 Days of Notification of the Accident

You must report the injury to the Board and the insurance company

Within 2 Weeks of Receipt of the Employer’s Report of Work-Related Injury/Illness Form

The insurer will provide you with a written statement of your rights under the law. The must be done within 14 days of receiving the Employer’s Report of Work-Related Injury/Illness from the employer, or with the first check, whichever comes first.

Within 18 Days of Receipt of the Employer’s Report of Work-Related Injury/Illness

If lost time has exceeded seven days, the insurer will begin paying benefits. If the claim is being disputed, the employer is required to inform you and the Workers’ Compensation Board.

Either way, the insurer must notify the Board that payment has begun or the reasons why payment hasn’t begun. If you do not notify your employer on time, this notice may be submitted within 10 days of learning about the accident.

Every 2 Weeks

The insurer makes payments to you every two weeks. They will also notify the Board when payments have stopped or when they’ve been modified.

Every 45 Days

A doctor will submit progress reports to the Board using the Doctor’s Progress Report Form. These progress reports may impact your benefits and determine if you’re able to return to work.

After 12 Weeks

The insurer will consider if rehabilitation treatment is necessary or not.

Failure to file a claim or notify your employer of the injury and accident may result in the loss of rights to compensation. The attorneys at Erwin, McCane & Daly have over 30 years of experience and will lead you through the steps of filing your case. We offer a free consultation to learn more about your case and give you a prediction as to the outcome you can expect. Contact us today to schedule your consultation.