Important Steps for Filing a Worker’s Compensation ClaimsJanuary 15, 2019
Any time an employee is injured on the job, their employer may be required to pay for any costs associated with the injury. These costs can include compensation for medical expenses, therapy and any lost wage or benefits. Nonetheless, many employees are not aware of these rights and many employers try to avoid paying them. The purpose of this blog is to share several steps an injured employee can take to ensure they recover the maximum amount available to them in a workers compensation claim.
Notify your Employer As Soon As Possible
The first, and most important, step an injured employee should take is to notify their employer of the injuries they have suffered. The easiest way for an employer to avoid liability in a situation like this is to claim that they were unaware of the employees injury. Once the employer is notified, the burden is on them to take the proper steps in accordance with state law. Failure to do so could result in other forms of liability for the employer.
Upon suffering an injury in the workplace, the employee should seek to notify their supervisor or manager as soon as possible. No matter the severity of the injury, it is in an employees best interest to notify their employer.
See a Doctor Regardless of the Severity of the Injury
A second important step is for the employee to be examined by a doctor. It is common for employees to skip this step if they have suffered a major injury, but this step is vitally important regardless of the seriousness. First and foremost, the doctor will provide the employee with an accurate diagnosis which the employee can then report to their employer. Further, having an accurate diagnosis will allow the employee to receive proper treatment and ensures that they will recover quickly. Lastly, visiting the doctor will create a proper paper trial that can prevent your employer from falsely disputing your injuries.
Check for Information and Deadlines with your State Workers Compensation Department
Every state has their own procedures and deadlines for filing a workers compensation claim. Further, every state has a department that ensures those deadlines and procedures are being enforced. In California the department that is tasked with these duties is the Division of Workers Compensation at the Department of Industrial Relations. The Division of Workers Compensation provides strict deadlines and procedures for filing a claim.
An injured employee should also be cognizant of deadlines in relation to their workers compensation claim. Every state differs in terms of deadlines to file a workers compensation claim. Some have strict reporting deadlines while others may not have any deadlines. Failing to abide by the deadlines of an employee’s respective state can severely limit how successful an employee will be when trying to recover costs in a workers compensation claim.
Consult with An Experienced Attorney
It is common for a workers compensation claim to be resolved between the injured employee and the claims administrator. Nonetheless, it can be a overwhelming process. If you feel as though you need assistance in ensuring you receive the maximum recovery possible, then it may be a smart decision to consult with an attorney who has workers compensation experience. . The experienced attorneys at Shegerian Conniff are ready to hold your employer accountable, fight for your legal rights, and seek justice. Click here to contact us today or call us at 310-322-7500 for a free consultation.