Workers' compensation should be one of
the first options you consider when you suffer an injury at your
workplace. If you plan to file a workers' comp claim, you need to be
aware of factors that can improve your chances of success. Here are
four tips that can help you win your claim and handle employer
disputes.
1. Research Your State's Workers'
Compensation Laws
Depending on the circumstances
surrounding the injury you suffered at work, it may or may not be
covered by the workers' compensation laws of your state. The bottom
line that qualifies you for workers' comp is whether the injury
occurred while you were performing job-related duties, which is a
requirement in almost every state.
If your injury took place during
work-related duties, the next step is to receive a medical report
that states the injury was a result of conditions on the job. Your
physician will be able to provide valuable advice relating to
workers' comp, and several online
sources
can give you a full overview of your state's laws.
2. Do Not Hesitate to File Your
Claim
One of the worst things you can do for
your case is to wait too long to file your claim. If you have a
serious injury that prevents you from getting much-needed income,
start the process of filing a claim as soon as possible. Putting off
your claim may make your employer suspect that your claim is not
valid and make a dispute more likely.
If you file your claim promptly, the
process of gathering documentation and dealing with your employer's
insurer will be much easier. You will need a copy of the workers'
comp form, as well as documentation showing that your employer filed
with their insurer.
Employers have a deadline between 14
and 30 days to process and respond to the claim, so you should call
the insurer if they haven't contacted you within this amount of time.
3. Understand the Reasons Behind
Employer Disputes
Unfortunately, it is not uncommon for
employers to attempt to dispute workers' compensation claims, even if
they are seemingly air-tight. Employers may feel that an employee's
injury is not serious enough to constitute a payout or that the
employee is feigning injury.
Many employers are less willing to
recognize the need for a payout if your injuries are difficult to
verify. This can be problematic for conditions caused by cumulative
trauma. such as carpal tunnel and other repetitive stress injuries.
No matter what type of injury you have, some employers will attempt
to deny your claim simply to avoid paying higher premiums for
workers' compensation benefits.
4. Consider Working With a Workers'
Compensation Attorney
An attorney that specializes in
workers' compensation claims is a valuable asset to have on your side
during your case. An attorney can assist you with filing your claim
by the required deadline, gathering all required documentation, and
handling any disputes with your employer.
Workers' comp attorneys can help you
secure additional compensation beyond the standard payout for your
workers' comp insurance claim. If you need permanent partial or total
disability compensation, your attorney can work with the physicians
that examine you so that you can receive a disability rating that is
in line with your actual needs.
Filing a workers' compensation claim is
often a stressful experience compounded by the pain you are likely to
experience due to your injury. If you have been injured at work,
contact the Law
Offices of Robert Dodson, P.A., for an experienced workers'
compensation professional who can help you optimize your case and win
the maximum payout that you deserve.
