Workers’ compensation is available for when a worker is injured on the job through their employer. If a worker wants to pursue a claim, they must notify their employer of their injury within 30 days of the date of the injury. Failure to report the injury within the 30 days can result in a claim being denied. The employer has to be given time to investigate the accident. Reporting an injury to a coworker is not sufficient. It must be reported to a supervisor and everything an injured worker says will become part of their file. An injured worker should be very specific with their notice and include:
* The specific part that was injured.
* Whether any witnesses saw the accident and their name.
* The exact time, date and location where the injury took place.
* Any and all of the details of what exactly happened.
An employer never likes or wants to turn a claim into their insurance carrier because it increases their insurance premium. They will tell an injured worker they have to return to work and not supply them with the necessary forms to complete. A Workplace Injury Attorney can help an injured worker complete all of the necessary paperwork and inform them of their rights. The workers’ compensation law can be very confusing and even one mistake on an application can cause it to be denied. Many questions arise when a worker wants to see their own physician for their injury instead of the company doctor. This should be thoroughly discussed with an attorney so their case isn’t jeopardized.
Workers’ compensation claims are not the same as a negligence case like personal injury. An injured worker cannot take the case to court and have a judge make a monetary determination for a settlement. An injured worker must have a Workplace Injury Attorney to negotiate a fair settlement with the insurance company. An insurance company will attempt to settle a claim because they don’t like an open liability case. If they refuse to settle, the case will remain open indefinitely. If an injury occurs on the job, please visit Edwardsandbullardlaw.com for more information. You can also connect them on Facebook.