How to File for Worker's Compensation

By eHow Legal Editor

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If you suffer an injury on the job or exposure to an occupational disease, workers compensation benefits are available. Workers compensation is a state mandated insurance that most employers are required to carry to reimburse injured worker for lost wages and medical expenses. Applying for workers compensation is a complicated process. Receive the benefits you're entitled to by using these steps for guidance.

Instructions

Difficulty: Moderate

Step1
Notify the employer immediately when injured on the job. Inform the employer verbally and follow up with a written notice. Generally, the employer provides forms to complete in the event of an industrial injury.
Step2
Receive medial treatment. For an emergency, get medical attention right away. For incidents that develop over time, speak to the employer to find a doctor authorized to provide treatment under their worker's compensation contract.
Step3
Educate yourself about worker's compensation benefits. Speak to Human Resources to find out the specific rules regarding workers compensation insurance before an incident occurs. The federal government administers its own worker's compensation program.
Step4
File a claim immediately since most states impose a time limit. Claim forms should be completed by you, the physician of record and your employer depending on the rules that govern your state.
Step5
Maintain treatment records, symptoms, problems associated with the injury and incident reports. Keep accurate written documentation of the incident and subsequent treatment. Include who you informed, dates of incidents and any witnesses.
Step6
Contact a lawyer after the injury occurs. Many offer free consultation to ensure your rights are preserved. When the claims are denied or you're entitled to additional benefits from the employer, speak to a worker's compensation lawyer.

Tips & Warnings

  • Companies that employ no more than five employees may be exempt from carrying worker's compensation insurance. Regulations on worker's compensation varies from state to state. Contact your local worker's compensation office for the most accurate information.
  • If you receive unemployment or long-term disability, use private insurance for a work-related injury. Once a claim is granted, these benefits are deducted or reimbursed from worker's compensation insurance payments.
  • Most states offer protection to employees to prevent facing retaliation when filing for worker's compensation.
  • If an on the job incident leaves you permanently disabled, Social Security Benefits may be available. Check with your local Social Security office to see if you meet the qualifications.

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eHow Article:  How to File for Worker's Compensation

eHow Legal Editor

eHow Legal Editor

Category: Legal

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