Upon being injured while on the job, you are entitled to the worker’s comp claim. However, if the claim is denied on any number of reasons, you will need to talk to a workers compensation attorney who will help you get the compensation. In addition, it is imperative that you first understand your rights as an injured employee.
What Does Workers’ Compensation Mean to You?
The workers’ comp entitles you to certain benefits upon injury while on the job which may include medical care, rehabilitation and lost wages among other benefits. If the injury results in death, the family members are automatic beneficiaries of this scheme. This is an insurance taken by the employer and administered by the state through private insurance companies.
Who is Eligible?
A majority of employees in the United States are eligible to the plan with some states making it mandatory for employers to acquire one. It ensures that the employee cannot be fired for filing a claim. It also prevents the employee from suing the employer once they receive their benefits.
How to Reduce Chances of Denial
In order to reduce the risk of been denied the benefits:
- It is advisable that you fill in your claim form correctly and give all true data as required
- Ensure that your employer has also filled a compensation report and request to receive a copy
- If the claim is denied by the insurer, urgently file for an administrative hearing with the local worker’s
- compensation board and contact a workers compensation attorney
- Make sure that all records in your compensation report are up to date at all times.
It is important that you personally make sure that the doctor fills out the forms correctly and in full. Also, get contacts of your case examiner as he or she will prove vital in helping you out on what details are required and any further action required from yourself. Remember you cannot sue your employer for pain and emotional distress.
Even if you are responsible for the injuries incurred, you still deserve full benefits. You may also bring in a third-party into your lawsuit if you can prove that the injuries were caused by a defective piece of machinery and in such a case you can very well go ahead and sue for pain and suffering. In some instances you may be required to be treated by a physician elected by your employer, but consult with your workers compensation attorney on the best way forward.
Are There Options?
If your comp claim is denied, there are still other options that you might consider and might be eligible for like the Social Security disability. Others include claiming for an unemployment comp, medical insurance, and even short-term or long-term disability insurance. You might as well consider suing third-parties and either credit or mortgage insurance. However, consult with your workers compensation attorney before making any other move.
Not every case requires a workers compensation attorney since some do actually pay out quickly. However, since insurance companies are in business to make a profit, they will sometimes deny claims for financial incentives for not paying out every claim; they are also cautious of fraudulent claims. Having an attorney will bolster your chances of getting your benefits so your employer and the insurer cannot deny your claim.
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