Filing for Worker's Compensation: Tips if Injured at Work

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Practice Areas: Personal Injury

The worker’s compensation system is the means by which a person who is injured at work is able to make a claim. This may be the only way to file your claim given a work-related injury. Since the system can become complex, and the insurance companies will often take steps to minimize the amount of money they have to pay out in a settlement, you will want to protect your case.

What Must be Included in a Worker’s Compensation Claim

When filing a worker’s compensation claim, you must include the following:

1. Inform Your Employer of the Injury Early

Make sure to contact your employer and inform them about the injury within a time frame. If you fail to inform the employer within a prompt time frame it could severely affect whether you are able to make any claim of a work accident. The possibility that the accident occurred outside of the work environment is relevant and a viable argument as time passes from the time of the accident until the employer is informed. The time limit given is determined by where you live, so it is important to find out the guidelines in your jurisdiction. To not take any risk, it is important to file your notice as promptly as possible after you get any necessary emergency medical treatment.

2. Evidence That Your Injury Occurred While Working

You must have evidence that the injury occurred in the workplace and was related to your job. This does not necessarily mean that it has to have occurred in your normal work environment. For example, if you were sent out for the day to another location, but you were still on the clock and injured while working, your injury is eligible as a work injury.  The main argument is if your injury was a result of your job or whether it would not have occurred if you had not been doing the job you were assigned to do.

3. Medical Evidence of the Extent of Injury

You must have evidence regarding the injury, its type and severity. Use medical documents from physicians to support this case. Make sure to have your physician give you copies of each medical document and make a medical record for you.

Remember that you are not responsible for finding evidence to support an act of negligence.  Worker’s compensation functions differently than other systems in that the employer is responsible despite negligence.

Legal Assistance

Work Injury claims can be very difficult to file and extremely tedious, especially with the evidence needed to support your claim.  You do not want to make a mistake and miss out on receiving full compensation for a life-altering event. It is highly recommended that you seek an experienced attorney to shine light on the incident and assist you in filing and completing your claim, with an end result of benefits for you.

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