When an injury happens at your workplace, you’re covered by the company’s worker’s compensation insurance. The goal of the insurance is to protect the company from high financial costs associated with an injury as well as provide assistance with expenses incurred by the worker for medical issues and lost wages.
Understanding worker’s compensation claims isn’t easy and it’s important that employees’ rights are protected. The insurance company isn’t working for the employee, but the company, so they want to save as much money as possible.
We’ll explain the workmen’s compensation process and what you need to do.
Filing Worker’s Compensation Claims
If you are injured at work and require medical care, then you’re covered by worker’s compensation insurance. The first step is to get the treatment you need right away and then contact your employer to report the accident and file a claim. Your company provides you with the forms you need to fill out, but if they don’t, you can find them on various websites.
It’s best to notify them right away, but states have different limitations on how long you have to report the accident. The employer files the form with their insurance company and the state worker’s compensation agency.
Dealing with Insurance Companies
The insurance coveres medical expenses caused by the injury, lost wages, rehabilitation, disability, and survivor’s benefits if the accident results in death. It does not cover this if the worker caused the accident through negligence or under the influence of drugs and alcohol.
You can work with the insurance company on your own, but it’s better to hire a workers compensation lawyer. The insurance company determines if you qualify and may deny your claim, or they may not provide you with a settlement that you consider fair.
It’s good to have a professional on your side that understands the ins and outs of worker compensation insurance.
Denied Claim or Low Settlement
If you’re denied your claim or if you refuse it because it isn’t enough, then you can take the company to court. The biggest risk you have is the court may provide you with an even lower amount than the insurance company.
In a standard settlement situation, the employee waives the right to sue their employer so they can get the compensation. If you are denied or cannot agree on an amount, you can take them to court.
The judge examines the case and determines if it is a valid claim. The judge also decides the compensation, but both parties have the right to appeal the decision.
Once the trial is complete, the compensation is provided either as a lump sum or a structured settlement.
Know Your Rights
When filing worker’s compensation claims, it’s important to understand your rights and what you are owed. A lawyer works in your corner and provides you with the information you need.
If you want to learn more about worker’s compensation insurance or how to file a claim, then please explore our site.