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Injury At Work Claim - What Your Boss Does Not Want You To Know

By Edited Nov 13, 2013 0 1

How to file an injury at work claim:

If you happened to be injured on the job, the government has required that you receive the opportunity to receive compensation for lost wages while you recover from your injuries. Your employer pays a percentage of your paycheck every week to an insurance company that will pay for your wages if you are injured. If you sustain mild or severe injuries that result in a trip to the emergency room or doctors office, then you may be entitled to reimbursement for not only your lost wages, but also your medical expenses, transportation to and from the doctor, and if your injuries are severe, your future wages as well. However your boss does not want the hassle or the expense of going to court and paying for your injuries. Therefore, it is very important that you be proactive and make sure that all of your injury at work claim forms are filed properly.

Many states have what is called an "exclusive remedy" provision, which means that if you do not follow all of the proper steps to receive reimbursement through your employer's workers compensation insurance company, you waive the right to sue him for that injury at a later date. Since the workers compensation and the injury at work laws vary state to state, it is very important that you seek licensed representation as soon as possible. However, for informational purposes here are the steps you should follow to make sure you are compensated for your injury:

1. File a report of the injury to your employer:
The time that can lawfully pass before it is too late to file a report about your injury at work varies state to state. Therefore, it is imperative that you report your injury to your supervisor or boss immediately. Afterwords be sure to submit a formal report of the accident to your boss or HR office and keep a record of the incident.

2. See a doctor:
Even if your company has a doctor on site for work related injuries, or even if your boss "recommends" you see a certain doctor, be sure to get a second opinion from your own physician or one you know and trust. Keep a record of your doctors second opinion and also give a copy to your boss. Don't forget to keep a record of the expenses.

3. Submit the necessary forms:
After notifying your employer of your injury, he should have paperwork on file to submit to his insurance company. If he doesn't have it on file, make sure he gets the forms necessary and be persistent in verify that the proper paper work is being sent. It is helpful to have an attorney familiar with your states laws for this step.

4. Get approved or denied for your claim:
You should receive notification directly from your companies insurance explaining why your injury at work claim was accepted or denied. Before you get your official approval letter, you may be asked one more time by the insurance company to see a physician to verify your injury. It is fine to see their doctor, but just be sure to document your travel expenses, as well as your level of pain at the time of the visit. If you are denied your claim, seek legal help immediately to file an appeal. If you were truly injured on the job, there is no reason for you not to receive compensation.

This article is intended for informational purposes only, and is not to be construed as fact or law. Please consult a workers compensation attorney if you have any questions about your injury.



Feb 10, 2011 8:05pm
As an employee, you have the right to file a worker's compensation claim to fund your medical expenses. But if your employer refuses to provide you such benefits, the only way to obtain financial assistance is by taking legal action.

Consult with a labor attorney near you and he'll know how to handle that kind of situation.
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