Workers’ compensation typically protects employees who get injured on the job. But filing a claim for these benefits can be long and complicated.
The first step to a successful claim is immediately informing your employer of the injury.
File a Claim Petition
In almost all states, you have the right to appeal if your claim is denied by the employer’s insurance company or the WCB. However, this process can take time and effort.
It is usually best to work with an experienced workers comp attorney who can help you navigate the appeals process and ensure your case is on track for a hearing.
The first step in the process is to file a claim petition. This form details your injury and lists your claims against the employer and their insurance provider.
File a Claim Petition with the WCB
Workers’ compensation benefits are available to cover your medical care and part of your lost wages when you’re injured. Fitting your claim promptly is essential to ensure you keep these benefits.
The workers’ comp claims process can be complex and time-consuming, so it’s often wise to enlist the help of an experienced attorney. They can help you satisfy all procedural requirements, negotiate with your employer and insurance carrier, represent you at a WCB hearing, and even file appeals if necessary.
Unfortunately, many small mistakes made in a workers’ comp claim can be used against an injured worker and hurt their chances of compensation. An experienced workers’ comp attorney can spot these and help you avoid them.
File a Claim Petition with the Insurance Company
If you were hurt while working, report your injuries as soon as possible and in writing. This will create a record that may be used as evidence if you ever disagree with your employer or insurance provider.
If your employer and insurance provider rejects your claim, you should immediately speak with a lawyer. This might be a critical step in obtaining the workers’ compensation payments you are entitled to.
You may seek the necessary medical care and have your rights upheld with the aid of an experienced workers’ compensation attorney. Also, they may help you settle disagreements with your employer or insurance provider and, if required, pursue a just settlement.
Schedule an Informal Hearing
After filing your initial claim, you may be eligible to schedule an informal hearing if there are still disputes over the compensation you deserve. This is essential in obtaining the benefits you need after an accident.
The OWCP claims examiner usually schedules informal hearings, but you may also request them with your attorney. These meetings aim to discuss disputed issues and try to resolve the dispute.
Schedule a Hearing
After you have filed your claim, the claims administrator will schedule a hearing. This is your chance to present evidence that shows you are entitled to workers’ compensation benefits and to challenge the insurance company’s evidence.
You will meet with the judge at the hearing, who will review your medical records and other evidence. They will also hear from your employer and the insurance company’s attorneys.
Once the judge decides, you can appeal it if you disagree. The deadlines and procedures for doing so vary by state, but they should be set out in the judge’s order.