Workers’ Compensation Claims Process

Workers’ Compensation Claims Process

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Workers’ Compensation Claims Process

Employees should be able to rely on reasonably safe workplaces. However, accidents and injuries can happen in any location and in any industry. According to the U.S. Bureau of Labor Statistics, one recent year saw more than 2.6 million non-fatal injuries in the workplace. 

When you’ve been hurt at work, you deserve justice. 

Fortunately, most workers in the United States are covered by workers’ compensation insurance. Many employers are legally required to carry this type of insurance coverage to help their workers recover after an injury. 

The workers’ compensation claims process is complex. For this reason, many injured employees find it difficult to get the benefits that they’re legally entitled to. 

If you’ve been injured while on the job, reach out to a knowledgeable workers’ compensation lawyer to pursue a claim for benefits. The skilled legal team at Morgan and Morgan has decades of experience fighting for injury victims—and winning. 

Without the help of a workers’ compensation lawyer, it can be challenging to get the money you need to recover. Don’t allow an insurance provider to devalue your injury claim. 

Workers nationwide are susceptible to falling mishaps, traumatic brain injury, and repetitive motion injuries. Hurt employees should not be burdened with financial losses after they get injured. 

To consult with a workers’ compensation lawyer at Morgan & Morgan, complete the simple contact form on our website today.

Understanding the Workers’ Compensation Claims Process

The specifics of filing a workers’ comp claim are different in various states. For this reason, it is important to speak with a legal professional following a workplace injury. 

In most cases, the injured party is required to notify their employer and the relevant insurance company. There are several important steps to recovering the money you need following a workplace injury. These include:

Seek a Medical Assessment

When you’ve been injured, your health and well-being should be the priority. If an accident results in a medical emergency, seek treatment immediately.  

If the injury is not an emergency, you should still consult with a medical professional. In some states and under some policies, injured employees are required to see specific physicians. 

Speak with your supervisor about the medical requirements under their workers’ compensation policy. Many states allow employees to seek a second opinion if they’re not satisfied with their initial diagnosis. 

Some claimants do not believe their injury is severe enough to warrant medical attention. But no matter how minor your workplace injury may be, it’s critical to seek medical care.  

The medical records and doctor’s notes from your visit will function as an official record. To recover the full amount that you deserve, it’s helpful to have as much evidence as possible. 

Notify Your Manager or Supervisor

One of the most important steps in successfully recovering the earned benefits is notifying your employer about your accident. If possible, let them know about the accident or injury as soon as it happens. 

However, some work-related injuries and illnesses develop slowly over time. If that’s the case, you should tell your supervisor about your workplace injury as soon as you become aware of it. That way, you’ll be more likely to get the earned benefits you need.  

Some states place a 30-day time limit on notifying your employer. Failing to report your accident or injury in time could result in the denial of benefits. To avoid that, speak with the trusted workers’ compensation lawyers at Morgan and Morgan. Our team will help you take the right steps to pursue a successful claim. 

The sooner you notify your supervisor of your workplace accident or injury, the better. Even if you do not believe an on-the-job accident resulted in significant physical damage, it’s a good idea to report it. 

Make sure to submit your notification of the injury in writing. Even if you tell your supervisor about the accident verbally, you should provide a written notification. This written notification will serve as an official record, and a workers’ compensation lawyer can use it as evidence in your earned benefits claim.

Complete the Relevant Claims Form

When you report your accident or injury, your employer should provide you with an official workers’ compensation claim form. If they don’t offer one, you can request it from your state’s workers’ compensation bureau.  

In most cases, these forms require claimants to provide certain information, such as: 

  • The type of accident or mishap
  • The names of the involved parties
  • The nature and severity of the injury
  • A description of how the accident occurred
  • The time, date, and location of the accident
  • Details about medical treatments you received 

These facts will help the relevant parties determine the validity of your workers’ compensation claim. In some instances, it’s helpful to have a tort attorney oversee the completion of this claim form. 

Speak With a Workers’ Compensation Lawyer

After you have submitted the claim form, your employer is required to pass the claim along to their insurer. However, many injury victims do not recover the money they’re rightfully entitled to.  

Having a skilled legal representative fight for you will give you the highest probability of recovering workers’ compensation payments. The regulations surrounding workers’ compensation insurance vary by state. 

The team at Morgan & Morgan represents clients nationwide. We can help you navigate the complexities of the workers’ compensation claims process in your state. 

A trustworthy Morgan and Morgan lawyer will manage the following elements of your workers’ comp case: 

  • Collecting evidence
  • Meeting all relevant deadlines
  • Pursuing eyewitness statements
  • Negotiating with uncooperative insurance adjusters
  • Drafting and submitting required workers’ comp documents

If your application for earned benefits is wrongfully denied, our knowledgeable team can help you appeal the decision. You should not be stuck with the medical and financial costs resulting from an on-the-job accident or injury.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • What Happens After You File a Workers’ Compensation Claim?

    The primary role of the injury victim is to file the required claim application paperwork. However, it’s important to follow up on the status of your claim. 

    Make sure to keep detailed records of your experience. Ask for copies of any documents or written notifications you submit so that you have plenty of evidence to back up your account of the workplace accident.  

    A workers’ compensation lawyer can help you appeal if your application is rejected. The professionals at Morgan and Morgan have a track record of successfully fighting for the rights of workers. 

    In most cases, the relevant insurer will conduct an investigation to determine the validity of your claim. However, it’s important to remember that your employer and their insurance provider do not have your best interests in mind. 

    Many greedy insurance companies boost their bottom lines by denying laborers the money they deserve. Do not let this happen to you.  

    If your workers’ compensation claim has been denied or undervalued, contact a skilled tort attorney. The team at Morgan and Morgan is standing by to fight for the benefits you deserve for your hard work.

  • What Losses Are Covered by Workers’ Compensation Benefit Payments?

    Workers’ compensation claims are slightly different from other types of personal injury cases. Workers’ compensation insurance is designed to protect employers from personal injury lawsuits.  

    In most instances, these earned benefit payments are designed to cover the financial losses that directly result from workplace injuries. For example, most injured workers will face significant medical costs and financial losses. 

    Initial medical visits and tests are only one element of this type of expense. If you suffer a serious injury, you may require ongoing care, which could include physical therapy, medications, and any necessary surgery. 

    Some on-the-job injuries result in the victim’s inability to work. When you have sustained a workplace injury, you may lose income. Workers’ compensation often covers a portion of the claimant’s typical weekly wages. 

    Disability benefits are also usually covered by workers’ compensation insurance. Depending on the nature and severity of your disability, these payments may be temporary or permanent. 

    To determine the types of compensation you may be entitled to, contact a knowledgeable legal professional at Morgan and Morgan.

  • What if a Workplace Injury Is Fatal?

    Unfortunately, some professions require workers to face significant hazards. When a workplace injury results in someone’s death, their loved ones may not know how to proceed.  

    Workers’ compensation benefits often cover the costs that a decedent’s beneficiaries must handle. Some of the most common financial losses following the death of a worker include: 

    • Burial costs
    • Funeral expenses
    • Lost potential earnings 

    Depending on the circumstances of your loved one’s death, you may be entitled to a range of damages.

  • Does Workers’ Compensation Cover Non-Economic Damages?

    No. Workers’ compensation benefits do not make up for the intangible, emotional, or personal losses that victims suffer.  

    The term “non-economic damages” refers to payments in an injury case that compensate for losses that are not monetary in nature. Some typical examples are:

    • Anxiety, panic disorder, and depression
    • Post-traumatic stress disorder (PTSD)
    • Emotional pain and suffering
    • Decreased quality of life 

    Workers’ compensation claims do not take this type of loss into account.  

    In some cases, a third party may have some liability for workplace injuries. If someone other than your employer is partially responsible for your injury, you may be able to pursue additional categories of financial compensation. 

  • Can I Pursue a Claim Without a Workers’ Compensation Lawyer?

    While you can legally pursue a workers’ comp claim without representation, you should not. Without a trained specialist fighting on your behalf, you are likely to forego money that is rightfully yours. 

    Also, the smallest error in documentation or processing could result in a wrongful denial of your claim, which would cause you to go longer without benefits. In some cases, victims miss out on all the money they are owed. 

    Speak with one of the friendly workers’ comp attorneys at Morgan & Morgan to have the highest likelihood of success in your case. We will work tirelessly to recover the earned benefits you need to get your life back in order.

  • Contact Morgan & Morgan Today

    For more than 35 years, the tort specialists at Morgan and Morgan have successfully represented accident and injury victims to get them the money they deserve. The trust that we have built with clients has made us America’s largest tort law firm. 

    With more than $20 billion in successful recovery, our legal team is unparalleled. Fill out the contact form on our website today to schedule a free consultation about your workplace injury. We’re ready to listen to your story and fight for you.

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