Easy steps to file a workers’ compensation claim – Can you do it on your own?
Are you someone who has been hurt or injured due to your work? If yes, you are entitled to workers’ compensation benefits that include payments for lost wages and medical bills. Till the time you’re eligible, you will obtain the compensation irrespective of who was responsible for the injury. In lieu of this kind of protection, you no longer have the right to file a lawsuit against the employer for the damages caused.
If you’re an employer of an organization and the employee suffers from some workplace illness or injury, there are various steps that you can take in order to file a workers’ compensation claim and get your benefits approved.
Workers’ Compensation Eligibility Criteria
Usually, there are four basic requirements of eligibility for receiving your workers’ compensation benefits:
- You need to be an employee of the organization
- You should have a work-related illness or injury
- Your employer should have workers’ compensation insurance
- You should meet the deadlines of the state for reporting the injury and filing a workers’ comp
There are different rules for a few categories of employees like farm and agricultural workers, domestic employees, seasonal and casual workers, and workers employed by temporary agencies.
Steps to file a workers’ comp claim
While the workers’ compensation claim process might seem complex, here are a few simple steps that you should follow:
- The employee has to report the injury to the employer
If you’re the employer, you have to ensure that your employees are aware of the fact that in case they fall ill or get injured while on the job, they should inform you as soon as it happens. As per the law, an employee after getting injured in the workplace need to give a written notice where he mentions the details of the injury. Since there is a statute of limitations for each state, you have to to report the accident within the given deadline. While some injuries may need instant treatment at the emergency department, some other injuries can wait till you schedule an appointment with your doctor.
- The employers guide you on the required documents
Once your employer is notified about the injury, he ought to offer the injured worker with the details on his rights and the entitled compensation. The employer will guide you on the form that needs to be filled out mentioning the details of the injury, along with other information like where, when, and how it happened.
- The employer reports the injury and files a claim
It is the duty of the employer to send the claim form along with the supporting documents to the insurance carrier. The doctor of the employee is also required to submit a medical report that contains the details of the injury. Once all this is done, the employer will file a claim and it is upon the insurance to accept or deny the claim.
If you get confused about the whole process of filing a workers’ compensation claim, don’t hesitate to seek the help of an employment lawyer who has had enough experience in this field.