Skip to main content What is workers’ compensation insurance?
If you sustained one or more injuries in the workplace, do you file a lawsuit against your employer to recover the financial losses associated with the workplace incident? Unless your employer committed one or more acts of intentional negligence, you must first follow the procedures established for filing a workers’ compensation claim.
What is workers’ compensation insurance? Workers' compensation insurance represents a program established to protect employers from civil lawsuits every time an employee gets hurt on the job. Federal law under the guidance of the Department of Labor establishes the legal standards for worker’s compensation insurance, while each state sets the process for employees to file a workers’ comp claim. Unlike a personal injury lawsuit, a worker who sustained one or more injuries in the workplace does not have to prove the four elements of negligence.
According to state laws, employers must contribute to a workers’ compensation insurance program. Although employers invest in the well-being of their employees by purchasing workers’ compensation insurance, that does not mean employers automatically approve every claim filed by workers. If your employer denies your claim for workers’ compensation, you should contact an experienced employment lawyer who specializes in handling workers’ compensation cases.
For more than 30 years, Morgan and Morgan has represented clients during the workers’ compensation claim process. If your employer denied your claim, it might take just one phone call with an insurance adjuster to get your claim approved. We help clients appeal denied workers’ compensation claims, as well as prepare claims that contain persuasive medical and physical evidence.
Get legal support for your workers’ comp claim today by scheduling a free case evaluation with one of the employment attorneys at Morgan and Morgan.
What Does Workers’ Compensation Cover?
Workers’ comp works just like most other types of insurance policies. When you get hurt at work, you file a claim for financial assistance. Medical bills by far represent the largest percentage of your expenses. You have the right to seek compensation to cover the costs associated with diagnostic tests, treatment programs, and physical therapy sessions. Workers’ compensation also pays for prescription medications and the use of an assistive device such as a wheelchair.
If you expect to pay for future medical bills, especially when it comes to rehabilitation, you have the right to include future medical expenses with a workers’ compensation claim. You also might qualify for disability benefits depending on your state’s workers’ compensation statutes. Working with an experienced employment lawyer can determine whether you qualify for disability compensation. If you missed time from work because of a workplace accident, you should request compensation for lost wages.
What Should I Do After a Workplace Accident?
How you handle the aftermath of a workplace accident determines whether you receive worker’s compensation. Completing each of the following steps should improve your chances of getting a claim approved by your employer’s insurance company.
Get Medical Care
The first step of the workers’ comp claim process involves getting medical care. Regardless of the severity of your injuries, you must seek medical care to file a workers’ compensation claim. The results of diagnostic tests and a description of the prognosis of you making a full or partial recovery represent important medical evidence for an insurance adjuster to review. Make sure to make copies of all medical bills and records to include with your claim.
Inform Your Employer
As with getting medical care, informing your employer about a workplace accident is a mandatory step in the claim process. You should inform your employer about the accident as soon as possible. Your employer completes a detailed incident report that describes what transpired before, during, and after the workplace accident. Most states give employees up to 30 days to report a workplace accident to account for the development of delayed symptoms.
Complete the Claim Form
Your employer is responsible for explaining your rights under the state’s workers’ compensation statutes. You also should receive a claim from your employer that you complete with accurate information. Some states require injured employees to submit a claim to the state workers’ compensation board. Your employment attorney can let you know whether that is the case in the state where you live. The workers’ compensation claim form requires you to describe your injuries, as well as what caused you to get hurt while on the job.
Insurance Company Determines the Status of Your Claim
Your employer’s insurance company reviews your claim to determine whether it qualifies you to receive financial assistance. The insurance adjuster reviewing your claim might ask you to complete a second medical evaluation that is conducted by an independent healthcare provider. You also should prepare to answer several questions during the insurance adjuster’s investigation.
Contact Morgan and Morgan for Legal Support
Instead of hiring a workers’ compensation attorney from Morgan and Morgan to file an appeal for a denied claim, be proactive and work with one of our highly-rated lawyers to help you submit a convincing claim backed by considerable medical and physical evidence.
We offer a free case evaluation to answer your questions, as well as explain the workers’ compensation claim process.
