An injury or illness at work can truly bring a bag full of misfortunes and uncertainty in life, right from lost wages to the growing medical bills. A workers’ compensation claim is a way to get some compensation from your employer for the losses you have suffered. If your illness or injury is because of the workplace, your employer stands answerable and bears the expenses. However, the workers’ compensation settlement filing process can be tricky and confusing. Remember, any mistake you make while filing will directly impact the claim amount that you may receive from your employer.
This blog will discuss the various wrong steps you can end up taking if you do not seek help from a professional workers’ compensation attorney. They are-
Out of all the other reasons on the list, this tops the chart! People are often confused about when to inform or report their illness/injury to their employer. The best time is AS SOON AS POSSIBLE. The delay in reporting their injury to the employer is directly proportional to the chances of getting reduced compensation. If you delay informing, your employer might downplay your claim that the injury has happened at the workplace. Also, such an act of reluctance gives the employer an upper hand, and they can respond that maybe the injury wasn’t serious enough, and hence it was reported after a delay.
It is advised that in case of an injury, one should do the reporting within 10 days, and for long-term occupational illness, the span allowed is 1 year. You can inform your employer within a year of proper diagnosis of the disease and its connection with your workplace in case of occupational illness. According to various prevalent workers’ comp policies, you can file a claim up to two years from injury; however, there must be a sensible reason backing you up in case of such a delay.
Your workers’ comp might as well get reduced drastically if you do not seek treatment for workplace illness or injury. Without a record of medical treatment and proof of following medical advisories, they can entirely deny the claim as well! When such injuries or illnesses occur, the worker remains unable to work and earn, which is why the worker’s comp policy offers the claim amount to sustain their daily life and medical expenses. If a person has taken no treatment or followed any prescription, they might be denied from the claim as authorities might feel the reason for the claim is fake or not strong enough! Always remember, the seriousness of your illness or injury decides the fate of your claim.
It is essential to note that you cannot visit any doctor or physician and file for a workers’ compensation claim. However, certain doctors are authorized to treat worker’s compensation injury/illness cases. You can also ask your employer for the list of doctors they may have allowed for their workers’ comp policy.
Never remain under the impression that your workers’’ insurance policy will work 100% in your favor. The insurance company will always think of its profit and try to settle you with less claim than you may deserve. In most cases, it is seen that the employer and insurance company tries hard to blame pre-existing health conditions rather than workplace illness. If you fall into this trap and accept that your pre-existing condition might have led to the health issue/injury, your claim amount can be drastically reduced or even denied.
Workers’ compensation lawyers will ask you to offer them every detail regarding the injury/illness. Right from when the injury triggered, to the expenses born till date and the time you have been off from work citing the issue. Every detail must be specific and real, as the attorney will use these to file your claim. Missing out on any detail might cost you heavily as workers’ comp is a tricky and complicated process.
Like every other thing in this world, you can kick-start the worker’s compensation claim process on your own. However, expert help as workers’ compensation attorneys is always advised to make the process smoother. Right from gathering evidence to prove your injury and workplace connection to tracking your expenses and protecting your rights, an attorney will keep you covered from all these aspects. While you can search for – “workers’ comp lawyers near me” to get connected with some of those who work on such cases, you would never know about the credibility and authenticity of the services offered. On the other hand, you can search for your legal issue on the search bar of TheLegalHelpers, fill in the form there, and we will connect you with the best attorneys around your area.
Stop thinking and begin your search for the best workers’ comp attorney right now at The Legal Helpers. A delayed claim would only lead to a denied claim; act fast!