Workers’ compensation is a legal requirement for businesses in practically every state. This type of coverage is for providing workers with the compensation they need when they are injured on the job.
According to reports, 7.6% of all claims come from laborers, with the top ten occupations making up more than a third of all total claims.
The workers’ compensation claims process is similar in all states, but there may be minor differences in the claims process in some states.
What are the Obligations of the Employee?
Both parties have their obligations when it comes to workers’ comp claims. The employee is responsible for filing a formal report regarding their injury. They’ll need to provide details about the time, the place, and the nature of their injury in writing.
They must also fill out a form that makes a formal workers’ comp claim. This form can be obtained from their employer.
What are the Obligations of the Employer?
Employers are responsible for providing any paperwork an employee asks for in order to make their claim. They’re also responsible for filing the formal claim themselves with their insurer. There may be other guidelines within state law regarding how work injuries are reported.
It’s the insurer providing workers’ comp for the company that must determine whether the injury warrants a settlement.
What if the Insurer Denies a Claim?
After a claim has been filed, it’s up to the insurer as to whether they will approve the claim or not. In the event the claim is approved, according to reports, the insurer will request the payment details of the employee.
If a claim is denied, an employee can appeal. In this scenario, it’s highly recommended that the employee have formal legal representation through a Compensation lawyer.
A denial does not mean the employee cannot acquire compensation. A workers’ comp lawyer will be able to review the details of the case and determine whether the insurance company has made a mistake.
How Involved is the Claimant?
The claimant is fully involved in making the claim. They may have to talk to doctors or submit further evidence to back up their claim. For this reason, the legal representation is sought immediately after an injury has occurred.
A workers’ comp attorney will manage the case and handle all communications involving the insurer and the employer.
The majority of workers’ comp claims are paid without incident. The chances of a claimant having to go to court to settle a claim are extremely low. Even in disputed cases, it will typically be the lawyer that handles everything.
Only when more evidence is needed regarding the accident will an employee have to appear anywhere.
After a case has been settled and the employee returns to work, they are required to send in a formal notice of their return to the workplace.
If you are filing a workers’ comp case, it’s vital that you obtain the services of a qualified attorney. They will be able to handle the bulk of the claim and ensure you can spend your time on your rehabilitation and return to the workplace.