Injured workers must follow all necessary steps for starting a worker’s compensation claim. Once they sustain an injury, they must notify their employer and seek medical attention. If the injuries are severe, the employer will call emergency services for the injured worker. If the worker is denied worker’s compensation benefits, they have the option to discuss their case with an attorney.
Was the Claim Filed on Time?
When starting a worker’s compensation claim, the worker has up to 30 days to inform their supervisor about the accident and their injuries. The claim must be filed before 30 days have passed. Additionally, when they seek medical assistance, the doctor has 10 days to submit the medical report to the worker’s compensation insurer for an assessment. If the worker misses these deadlines to submit the claim, they could lose coverage through worker’s compensation.
How Long Would the Worker Need to Recover?
The medical report defines what type of injury the worker sustained, and the doctor indicates how long it will take for the worker to recover. With worker’s compensation, the injured worker receives coverage for all their medical costs, and they receive monetary benefits according to how long it will take to recover and get back to work.
The benefits start quickly after they are approved for worker’s compensation coverage. If the worker is denied benefits, they can contact a Workers comp law firm to start a legal claim against the employer and the insurer.
Would the Worker Qualify for Light-Duty Work?
Some injuries won’t stop the worker from doing some work, and if it is possible for them to go on light duty, the employer could give them different duties until they recover. The claims adjuster will review the worker’s injuries and determine what type of work they can do.
Any worker that is capable of light-duty work will not get monetary benefits, and they will need to return to work. This allows them to earn their salary or hourly wage instead of the decrease in wages from the worker’s compensation benefits. With the monetary benefits, they won’t receive more than 90% of their wages.
Why Was the Worker Denied Benefits?
The reason that the worker was denied coverage through worker’s compensation and monetary benefits is the starting point for a lawsuit. The claims adjuster determines if the worker’s injuries qualify for worker’s compensation. They will also review the cause of the injuries. The worker cannot violate company policies or be at fault in any way for their own injuries.
How to Prepare for the Lawsuit
When preparing for the lawsuit, the worker needs their medical records that detail their injuries, and the attorney will get any surveillance footage of the accident if available. The worker must have evidence to substantiate their claim and show why they were eligible for the benefits.
Injured workers must follow all the requirements for eligibility to get worker’s compensation benefits. They must sustain the injury within the workplace, and the employer must be liable for the injuries. Injured workers who were denied worker’s compensation benefits can contact an attorney and start a claim today.
