Injured workers need to follow the law in order to protect a workers’ compensation claim. Most importantly, the injury should be reported right away. Afterward, the worker should visit the doctor recommended by the employer. If the company denies the claim, visit the workers’ compensation lawyers in Live Oak, FL.
What Benefits Are You Entitled too?
Workers with accepted claims receive medical benefits and a weekly check. The amount of the check is based on some portion of the employee’s paycheck. Employers have workers’ compensation insurance that pays for medical treatment, tests, prescriptions, and transportation to appointments. Workers are also entitled to monetary compensation for any permanent injuries.
Reporting the Injury Is Key
Most employers give workers a handbook that includes workers’ compensation procedure. Workers need to report the injury right away. Further, most companies have a posted list of accepted physicians. A company can deny benefits if workers use an unapproved physician. Likewise, the employer must report the injury to the workers’ compensation insurance carrier.
When a Claim Is Denied
The employer has a limited number of reasons to deny a claim. First, they may dispute that the injury occurred at work. Further, it may be disputed that the injury is a result of a work-related accident. Some states have laws denying specific claims like stress-related conditions. Finally, the injury may be denied if the employee caused it.
Examples include an intentional act or getting into a fight. Most companies drug test employees after an injury. The claim is almost always denied if the employee tests positive.
Denials Can Be Appealed
Workers’ compensation lawyers in Live Oak, FL will file for a hearing if a claim is denied. The hearing is held before an administrative law judge. The judge will listen to the evidence and make a decision as to the compensability of the claim. If the judge rules against the worker, a complaint may be filed in a state court.
Most workers’ compensation cases end in a settlement. Those with permanent injuries are entitled to larger settlements. Most states have a monetary award written into law for each type of permanent injury. For more information, visit Northfloridaautoaccidentlawyer.com.