When you are injured on the job, your first priority should be to seek medical attention. After you have been seen by a doctor and received any necessary treatment, you should then start the process of filing a workers’ compensation claim. There are several steps that you will need to take in order to file a successful claim. Below is a guide on how to properly file a workers’ compensation claim:
1. Gather Documentation of Your Injury
In order to file a workers’ compensation claim, you will need to provide documentation of your injury. This can include medical records, work orders, or any other documentation that can prove that your injury occurred as a result of your job. You can obtain this documentation from your doctor or if it exists at your place of employment you can obtain a copy from the human resources department.
2. Consult an Attorney
If you have a complicated case in which a workers’ compensation attorney might be able to help increase the chances of a successful claim, then you should consult with an attorney before filing any paperwork. If you happen to be from Eastern US you can contact a workers’ compensation lawyer who is a certified specialist by the State Bar Association. This way, you will know that your case is in good hands and that your chances of winning the case are increased.
It’s very important that you don’t wait too long to file the claim – waiting can result in losing your chance to get necessary medical treatment or financial benefits. This is because it might be difficult for an insurance company representative to fully understand complicated cases weeks or months after an accident has occurred. For this reason, it’s important to contact your attorney as soon as possible after you have been injured in a workplace accident.
3. File an Accident Report with Your Supervisor
If you are injured at work, then you should notify your supervisor on the day of the incident. If there is an accident report available for your use, make sure to fill it out completely and accurately. This will help speed up the process of filing a workers’ compensation claim because it can be submitted as part of that process. You will need to provide copies of the completed form to your employer and doctor.
4. Filing Workers’ Compensation Paperwork
After you have gathered all necessary documentation of your injury, you should contact your state’s Office of Industrial Relations or Workers’ Compensation Office for more information about how to file a workers’ compensation claim in your jurisdiction. You will need to provide documentation of your injury including medical records, accident reports, and any other documentation that can prove that your injury occurred as a result of your job.
The first form that you should fill out is the Report of Injury or Illness (Form 9). This will help establish who was responsible for the accident, how it occurred, where it occurred, what caused the incident, etc. You should then attach Form 9 to Form 8 which is also known as the First Report of Injury/Illness Combined with Medical Treatment Forms.
Form 10B is required if your employer disputes some aspect of your claim. If this happens, you will have to attend either a closed session hearing or an open hearing during which time you will be able to present your case.
5. File for Weekly Compensation Benefits
After you have filed all necessary paperwork, you can then start filing weekly compensation benefits if they are available in your jurisdiction. You should keep track of the date and time that you file for weekly benefits because it is important to make sure that your claim is processed within 10 days of the date on which the claim was originally filed. This will ensure that all of your medical bills get paid quickly while also not affecting your chances of receiving future benefits.
6. File for Permanent Partial Disability Benefits
If you are not able to return to work in your usual capacity or any other job that is available, then you should file for permanent partial disability benefits. You will need to provide proof of the percentage of financial and/or physical loss in order for this claim to be processed. If you are able to return to work, you should be compensated for 66% (2/3) of the average weekly salary that you made before your injury. If you are not able to return to work at all, then you will receive the maximum disability award which is currently set at 200%.
7. Appeal Decisions
If you do not agree with a decision made by your employer or state agency regarding workers’ compensation claims, then you may choose to appeal their decision. However, this should not be attempted unless you have consulted an attorney first. These types of appeals can be complicated because you will need to provide substantial evidence to back up your argument. An experienced lawyer will talk you through it and tell you your options for the next steps.
8. When the Case is Settled
Once it has been decided that an injury resulted from a workplace accident, then you may file for compensation benefits by filing Form 18-B. You should keep in mind that once your claim is settled that it is complete and you should not seek additional treatment or compensation for the same injury. You also cannot file a workers’ compensation claim on the same issue again and if this is done, then the new claim will be denied.
Workers’ compensation claims can be a complicated process, but they are important for those who have been injured as a result of their job. You should know that you need to file your workers’ compensation claim within the required time limits and collect the necessary documents in order for it to be submitted properly. Once your claim is complete, you should keep track of the date and time that it was submitted as well as any information that you have about why your claim has been denied or how it is being disputed. You should also know that you can appeal a denial if you disagree with your employer’s decision and finally, once your case is settled you can no longer file for additional compensation.