How to File a Workers’ Compensation Claim- The Right Way
Brian O Sutter
Workers’ Compensation
Workers Compensation benefits can be found across the country and in nearly all states and is a way to get compensated if you are involved in an accident at work and sustained any kind of injury or illness related to the job. Workers Compensation may cover all the medical bills associated with the injury and may also pay disability payments if you find that you are unable to work for a specified amount of time. Typically, in this case, you can receive up to two-thirds of your regular salary while you are out.
Who Pays Worker Compensation Claims?
Employers of the state pay premiums, and when a claim is filed, the insurance company will investigate and then determine what benefits are offered to the individual who has been injured.
The specific guidelines and benefits information for workers compensation will vary from state to state, but generally, the injured individual will have to notify their employer of the injury.
Understanding the Process
When injured, the individual must seek the appropriate medical help that is necessary for their injuries and then immediately notify their employer or supervisor of the accident. The injured party will need to provide specific details about the accident and tell them where it happened and how it happened.
In the state of Florida, most injuries sustained must be reported within thirty days. However, it is in your best interest to do so immediately following the injury. Also, in the state of Florida, the employer is the one that can choose which treating doctor you go to unless it is an emergency situation and you need immediate assistance.
Once you have reported the injury to the employer, they are then responsible for reporting the claim to the insurance company within the first seven days of the report. In Florida, the insurance company must provide a prompt response regarding whether or not they are going to approve or deny your workers’ compensation claim.
It is also not uncommon for the insurance company to deny the claim, even if you think they are wrong and you have every right to compensation. In this case, you can appeal the denied claim and then file for a Petition for Benefits within two years of the incident.
When Should I Hire an Attorney?
If you are becoming frustrated with the claims process and you are faced with denial and have already contacted the insurance company directly to no avail, then you may benefit from the help of an experienced workers compensation lawyer who knows the ins and outs of the claims process and Florida law.
They can help guide you through the process from start to finish and can handle the appeals process for you while also dealing with the insurance company.
Other Reasons to Hire a Lawyer
A few other reasons to hire a lawyer to help with the workers’ compensation process includes the following:
• The employer denies your claim or decides they don’t want to pay out the benefits you are entitled to. A lawyer will be able to ensure that you receive prompt and fair payment.
• The settlement you are offered doesn’t cover the entire cost of the lost wages or medical bills that you incurred because of the injury.
• You want to make sure that your workers’ compensation claim will not interfere with your ability to apply for Social Security disability benefits.
• You found that the employer decided to retaliate because you filed a workers’ compensation claim by reducing your pay or hours, or even demoting you.