Workers Compensation Claim Checklist

If an employee is injured or becomes ill, mentally or physically because of his job, including workplace crimes, he may be entitled to worker’s compensation benefits depending on the nature of his injury.

Process of Filing a Workers Comp Claim

When filing a worker’s comp claim, employees should be aware of the following:

• A Worker’s Compensation Claim Form (DWC 1) & Notice of Potential Eligibility must be filed as soon as possible after the injury.  Benefits can not begin until the claims administrator is aware of the injury.
• The employer claims administrator will pay all reasonable and necessary medical care fees arising from your work injury or illness directly to the provider of the services so the injured employee will likely never see a bill.
• After you file a claim for benefits pursuant to a worker’s comp claim, all medical records detailing the injury or condition must be released to the employer.
• If the employee can’t work while he is recovering he will receive temporary disability payments amounting to two thirds of the average weekly pay.
• If the injury or illness caused by the work environment results in a death, benefits would then be paid to family members dependant on the deceased worker.
• You have a right to consult with an attorney concerning a work related injury or illness and the fee can be taken out of the benefits received by the worker.

Records for Workers Comp Claims

Worker’s compensation claims records are accessed in most pre-employment background checks and may cause potential employers to turn down an application for employment as too risky.

Employer Reporting Requirement

The employer must fill out an “Employer’s Report of Occupational Injury or Illness” within five days after becoming aware that an employee was injured at work.  The employer will need to detail when he was first aware of the injury and make a detailed description of the illness or injury and the treatment the employee received or sought. 

Help from a Lawyer

It is important for an employee to contact a Worker’s Comp lawyer concerning his claim against his employer arising from an injury or illness the happened from his work environment.  An employee may be dealing with multiple insurance companies and entities and need assistance to make sure he receives all the compensation he is entitled to receive concerning that illness or injury.