What Is the Typical Process for a Person to Receive Workers Compensation After an Injury in the Workplace?

Health & Fitness

  • Author Chelsey Bullock
  • Published September 1, 2017
  • Word count 380

If you are currently employed and have suffered an injury during work, you may be eligible for workers compensation. Workers compensation is a type of insurance purchased by employers for the coverage of employment related injuries and illnesses. Fundamentally, workers compensation works like this:

The Process:

The process of workers compensation can vary from state to state. Having an attorney help with the claim process is important. An attorney will give you a better chance at obtaining the benefits you deserve, they will communicate with the worker's comp insurer, so you don't have to gather any medical evidence, negotiate an agreeable settlement, and represent you at your worker's comp hearing.

First things first: Seek medical attention.

If it is not an emergency, it is best to check to see if your employer requires a specific doctor. The medical report will serve as an official record of your injuries, which is necessary for any workers’ comp reimbursement.

Second: Notify your employer.

Make sure to notify your employer within the statutory deadline verbally and in writing. The deadline is different for every state, so it’s best to report any work related incident even if it does not result in an injury. Your employer will then give you an official claim form. The claim form will need to be filled out with the following information:

Type of injury

Date, time, and location of injury

Information on the parties involved in the accident

Details on the occurrence of the accident

Any medical treatment you received.

Third: The doctor completes a preliminary medical report.

The doctor is to complete a preliminary medical report and mail it to the appropriate district office. Copies will also need to be sent to the employer or its insurance carrier, you, and your attorney.

Fourth: Reports.

The employer will report to the board and insurance company.

Fifth: Written statement.

The insurer will provide you and your attorney with a written statement of your rights under the law.

And lastly: Begin payment benefits.

Once, your lost time has exceeded seven days; the insurer begins the payment of benefits.

Failure to file a claim or give the employer a notice can result in your loss of rights to compensation. Contact a local attorney who specializes in helping injured workers like yourself.

If you've had a workplace injury in Salt Lake City you need a lawyer to protect your best interests. Ben Davis Law has injury attorneys in Utah that specialize in workplace injury.

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