Groups » 4 Steps to Follow When You Plan to File for Worker’s Compensation Claim

Monmouth workers’ compensation attorney

Sometimes, even with utmost care and safety measures, you cannot always avoid accidents. In case of accidents or injuries, your health care insurance policy can help you recover the expenses. If you are injured at work and cannot perform your duties, you may be entitled to financial aid, including workers’ compensation, state disability benefits, and Social Security Disability Insurance (SSDI).

Workers’ compensation is a form of employer insurance that provides cash benefits and/or medical care to workers who are injured or become ill as a direct result of their jobs. If you are injured at work, you will be paid an insurance amount if the employer or insurance company agrees that the injury or illness is work-related.

You can consult a lawyer who has handled lawsuits involving workers’ compensation and practices in your state. He/she will be well-versed in the specific state laws that apply to your case. For instance, if you stay in New Jersey, you can contact a Monmouth workers’ compensation attorney to represent you.

Here are a few steps to keep in mind if you are injured at your workplace and plan to file a lawsuit.

1. Get Immediate Medical Care

Injuries suffered at work can cause severe damage to your health. In such a case, make sure you get the necessary medical treatment at the earliest. Even if you believe that your injury does not require medical care, it may be needed as proof in the workers’ compensation claim process.

You may have received a list of doctors to consult for such cases as part of the employee policies document. Visit the doctor and collect your medical reports for submission.

If you are not satisfied with the treatment, you can always get a second opinion. Note that your medical report will serve as an official record of your injuries and is essential for filing for workers’ compensation reimbursement. Hence, you should include all unpaid bills of the medical treatment availed along with the costs of ongoing medical care for future reference.

2. Inform your Employer

It is important that you report the injury to your employer/superior as soon as you can. If possible, send it in writing and keep a copy of the conversation for personal records. After informing the company management, you need to fill a claim form offered by your employer and ensure that you do not leave out any detail.

Your employer is not legally bound to sanction the compensatory amount until your form is filled and submitted. If there is a delay in the submission, then your claim amount may be subsequently delayed.

On submission of the form, your employer needs to get in touch with the workers’ compensation insurance company and arrange medical assistance for you.

3. Get Legal Aid

Expert advice from a workers’ compensation attorney will enhance your chances of obtaining the compensation you deserve. Because of prior knowledge of dealing with such cases, he/she can communicate with the workers’ compensation insurance company, and secure a fair offer for you.

Also, you will need the help of a lawyer to gather medical evidence and select relevant details that can be used at your workers’ compensation hearing. You will be entitled to an amount based on the severity of your injury, your previous wages, and the medical expenses required to be made in the future. Experienced workers’ compensation attorneys have a better idea about the compensation that you can receive.

Most companies are likely to opt for an out-of-court settlement to avoid tarnishing their reputation. Let your attorney handle the settlement discussions with the insurance company.

4. File a Workers's Compensation Lawsuit

In case you are dissatisfied with the settlement amount offered by the insurance company, you can appeal for an administrative hearing or trial before a workers’ compensation judge. The lawsuit will begin with a discovery process where both parties need to present all necessary evidence and depositions to the court.

In case of intentional harm, your attorney needs to present a strong argument to prove that you were intentionally harmed.

Sometimes, you may be able to sue a third party involved in the incident. This generally happens when a defective product used at the workplace causes you an injury. Your attorney can sue the manufacturer of the product, along with your employer.

In certain states, if you plan to accept the settlement offer, you may have to get it reviewed by a workers’ compensation judge. In such situations, it is best to be represented by an able attorney to ensure that the judge compensates you fairly for your injuries.

Injuries at work can hamper your lifestyle and overall efficiency. It is, therefore, important that you protect yourself at all times. In case of an injury, follow the legal procedures to procure compensation from your employer or the company at fault. The above points can help you understand more about what to do if you are injured in the workplace.

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