What Your Workers’ Comp Attorney Wishes You Knew Before Filing a Claim

Man sitting on steps holding his back after having fallen

Filing a workers’ compensation claim can be a complex process, but knowing the key facts beforehand can help ensure a smooth and successful claim. At EMD Law, we have decades of experience in the workers’ compensation field and have compiled a list of the top things you should know before filing a workers’ compensation claim. Having this information can empower you to navigate the process with confidence!

Understand Workers’ Compensation

Workers’ compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. It generally covers medical expenses, lost wages, rehabilitation, and disability benefits. Your claim will be processed and decided upon by the state workers’ compensation board.

Report Your Injury Immediately

Promptly reporting your injury to your supervisor or employer is crucial. Each state has specific deadlines for reporting workplace injuries, which, if missed, could jeopardize your claim. You should tell your employer about your injury immediately after being injured, even if your injury seems minor at first, it’s wise to document it and report it to avoid potential complications later on.

Seek Medical Attention

Seek medical care immediately after being injured and be aware that your employer may have designated healthcare providers or facilities you must visit for treatment. Follow their guidelines and keep all medical records and receipts related to your injury. These documents will serve as crucial evidence to support your claim.

Document Everything

Maintain a detailed record of the incident, including the date, time, location, and circumstances of your injury. You should also keep track of any medical treatments, visits, and expenses related to your injury. Detailed documentation strengthens your claim and helps ensure that you receive the compensation you deserve.

Notify Your Employer in Writing

In addition to reporting your injury verbally, you need to provide written notice to your employer within 30 days of your injury. A written notice helps create a paper trail and can be used as evidence of your compliance with reporting requirements. Keep a copy of this notification for your records.

Follow the Claims Process

Each state has a specific workers’ compensation claims process. Familiarize yourself with the steps involved, including filling out claim forms, submitting supporting documents, and adhering to any timelines. Failure to comply with these requirements may result in delays or denials of your claim.

Consult an Attorney

Consider consulting with an experienced workers’ compensation attorney, like our team at EMD Law, especially if your claim is complex or if your employer denies or disputes your claim. An attorney can help you understand your rights, guide you through the process, and advocate for your best interests.

Keep Communication Professional

Maintain professional communication with your employer, insurance company, and any other parties involved in your claim. Avoid making exaggerated claims or discussing your case on social media. Such actions may harm your credibility and can potentially jeopardize your claim.

Understand Benefit Entitlements

Educate yourself about the benefits you are entitled to receive under workers’ compensation. These benefits typically cover medical expenses, temporary or permanent disability benefits, rehabilitation, and additional settlements. Understanding what you may be entitled to will empower you to negotiate fair compensation.

Be Prepared for Possible Disputes

Sometimes, employers or insurance companies may dispute or deny workers’ compensation claims. If this occurs, be prepared to gather additional evidence, attend hearings, or seek legal representation to protect your rights. Remember, you have the right to appeal any unfavorable decisions.

Choose Erwin, McCane & Daly

Filing a workers’ compensation claim can be a challenging process, but being well-informed and prepared can greatly improve your chances of success. By understanding the essentials of workers’ compensation, promptly reporting your injury, documenting everything, following the claims process diligently, and seeking professional advice, you can navigate the process smoothly and secure the compensation you deserve. Contact our team today to schedule your free consultation.