The initial notification of an injury at work is to be taken to the employer to claim workers’ compensation. That said, if a worker is injured at work, he is supposed to inform his employer of the incident at hand. This notification can be carried out either in person or in writing. Once the employer is aware of the injury, he is supposed to inform the workers’ comp carrier. Want to file a workers’ comp claim? We discuss the process in greater detail below:
Filing for workers’ compensation may seem complicated, but we have broken down the process into 5 simple steps.
When an employee suffers an injury at the workplace, he is expected to bring the issue to the employer’s knowledge. While every state may have a different deadline for submitting a work-related injury report, most states recommend that the employer shall be notified within 30 days of sustaining injuries or the claim might be rejected.
Once the employer is made aware of the injuries, he shall guide the employee on the necessary documentation and paperwork required to file workers’ comp. In most states, a workers’ compensation form is provided by the employer to the injured employee. This form will detail everything related to the incident, including the nature of the injury and how, when, and where the injury occurred.
After the form has been filled out by the employee and the necessary paperwork has been carried out, it is upon the employer to send the claim form to the workers’ compensation carrier. Along with that, the employee’s doctor is required to submit a medical report.
Once the claim has been filed, the workers’ compensation carrier or insurer would either approve or deny the claim. In the case of approval of the claim, the insurer will forward the payment details to the employee. The employee and his lawyer may either accept the offer or negotiate for a larger settlement. If the claim is denied by the insurer, the employee is at liberty to apply for a formal appeal through the state board of workers’ compensation.
The final step in processing a workers’ compensation claim is the safe return of the injured employee with a personalized return-to-work plan. Depending on the injury, the employer may provide the employee with necessary changes in the work environment or in his job role for the smooth functioning of his employment.
If you have been injured at work, you may be entitled to workers’ compensation. At Hussain & Gutierrez, we can guide you through the process and help you make your claim. Our legal expertise extends to this area of law and beyond. We are a team of experts dedicated to you.