How to Claim for a Work Related Injury
Under the worker's compensation laws in place in all 50 states, there is a three-phase process utilized to make a claim for a work-related injury. The failure to undertake any one of these steps in a timely manner will result in an ultimate denial of a claim for work related injury.
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Instructions
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1
Notify your immediate work supervisor immediately upon sustaining an injury at work. Oral notification is all that is required by law at this juncture. The only exception to this duty is if you are so seriously incapacitated that you are unable to provide such a notification.
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2
Prepare and submit to your employer a written notification of work related injury. Most employers maintain a standard form used for this purpose. In addition, employers typically have an established deadline for filing this more formal, written advisement of a work related injury. The information on this deadline and related information will be available in your employee handbook or through your personnel department or officer. Only in a case of incapacitation are you relieved of your obligation to make a written filing in a timely manner.
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File an official worker's compensation claim. Keep in mind that on many levels seeking worker's compensation is no different than filing any other type of insurance claim for injuries or damages. Your employer should have the proper claim forms available for your use.
You need to make sure that you file the official worker's compensation claim form on time. The worker's compensation policy maintained by your employer as well as the laws in your state set forth the time frame in which the official claim must be filed. Generally speaking, even if you are incapacitated, a formal claim must be filed in a timely manner. In cases of incapacitation, an attorney or family member can assist in ensuring this task is completed.
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Tips & Warnings
Educate yourself on the procedures your employer established for reporting and processing a work related claim before you face such a situation.
Retain an experienced worker's compensation attorney to assist you if your claim is particularly serious or complicated. In the case of a very minor injury, hiring a lawyer probably is unnecessary. However, worker's compensation laws and procedures are complicated. If you sustained a serious work related injury, your interests are best served and advanced through representation from a qualified worker's compensation attorney.
