Your guide to making a workers compensation claim
According to the U.S. Bureau of Labor Statistics, employers reported 2.7 million non-fatal workplace injuries and illnesses in 2020. Some of the most common workplace injuries include slips, trips and falls, overexertion and muscle strain, and being struck by falling objects. If you have suffered an injury at work you might be entitled to workers compensation benefits which can cover medical care, loss of earnings, rehabilitation, permanent disability benefits and death benefits for bereaved family members.
An injury that qualifies for workers comp is worth pursuing, and this article will show you the steps to take to make a successful claim.
Report your injury to your employer
It’s important to report your work injury or illness to your employer as soon as possible. Each state has a different time limit in which to notify an employer, but this can vary greatly ranging from a few days to as much as a year. It is best to act swiftly as your claim may be difficult to prove once your injury heals and the sooner you inform your employer the sooner you can begin receiving benefits.
File your claim
Once you have reported your injury to your employer, they should provide you with the necessary forms to fill out while filling out a ‘First Report of Injury’ themselves. These forms should be submitted by your employer to their insurance company as well as the state workers’ compensation agency, marking the beginning of your workers’ comp claim.
In other states, the state workers’ compensation agency may also require you to file a workers’ compensation claim form. The deadline for filing this form can vary from state to state so it is important to check this at the start of your claim.
Create a record of events
It is advisable to put together a record of the events that caused your workplace injury or illness for your personal reference. This can include matters such as:
- Where you were when the accident happened
- Photos of your injury and of the cause of your accident
- Contact details of any eye-witnesses at your accident
- Notes or drawings about your accident to document exactly what took place, asking any witnesses to do the same.
Creating a record can help your claim significantly, and protect you from any spurious allegations, especially if your employer or their insurer is disputing your version of events. The sooner you can compile this record the better, as recalling details and information with accuracy may be key to your claim.
Seek medical attention
Seeking medical attention after your accident is essential for treating your injury as well as supporting your claim. Being able to produce a medical report which evidences your injuries and shows they were caused by your accident rather than any pre-existing condition can overcome any suggestion by your employer’s insurance company that you were not injured.
Take copies of your doctor’s medical assessment of your injury and add this to your personal file. This can substantiate the information you have already gathered, further strengthening your claim.
Follow the four steps outlined in this article to ensure you receive the compensation you deserve.