What You Need to Know about Filing a Compensation Claim
The aftermath of suffering a serious
injury in the workplace can be an extremely stressful experience,
particularly when considering the financial hardship that may result
from medical bills and lost wages. Workmans comp covers the benefits
that employees who are injured during the course of their employment
are entitled to. However, dealing with a compensation claim is often
simply one more source of stress.
In the United States, the associated
laws are individual to states, but they are generally very similar.
Injured employees here typically have the absolute right to medical
care and usually for monetary payment for any resulting disability.
This type of system does not exist in every country, though it does
in many; in highly industrialized locations, efforts of trade unions
were likely the impetus. The first such laws in the United States
were passed in Georgia and Alabama in 1855. Now, administration is
handled by separate agencies as opposed to the general court system,
including disputes. State courts still often hear appeals for a
denied compensation claim, however. Considered a type of "bargain,"
workers' comp requires employees to relinquish their rights to sue
for negligence. What they receive in return is the security of
knowing what insurance benefits they will receive in the case of an
accident at work. Though the details differ from jurisdiction to
jurisdiction, the typical ways to pay recompense for the employee
include: Weekly payments in the place of
salary or wages Reimbursement for past and future
economic losses Payment for medical expenses Payments to dependents
The filing of a compensation claim may
seem a daunting process, but there are lawyers who are trained for
just these situations. An experienced compensation attorney will
be able to assist you in obtaining and filling out all of the
appropriate documentation. However, here are some things to be aware
of: The compensation claim form must
be filed as soon as possible after the injury; in some states, there
is a time limit for claims All relevant medical records must
be released to the employer During recovery, if an employee
cannot work, they may be eligible to receive temporary disability
payments (typically amounting to 2/3 of weekly pay) In most states it is illegal for
an employer to fire or refuse to hire a worker for reporting an
on-the-job injury or filing a claim
Perhaps the most important thing to
remember is that you always have the right to consult with an
attorney concerning a work-related accident, and in fact, the fee can
sometimes be taken out of any benefits that are eventually dispensed.
Though seeking professional legal assistance is the best recourse for
those who find themselves in this difficult position, there are also
some steps that they can take to help ensure a successful claim: Be sure to get a copy of the
report from the employer Make copies of medical records,
including the physician's narrative and any medical forms Ensure that medical reports
include information about how the injury is related to the
employment Keep copies of decision letters
from judges that may contain information about how late an appeal
may be filed
|
|