Filing a Workers’ Compensation Claim
April 22, 2013 By Law Office of James M. Hoffmann
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The workers compensation process involves the Division of Workers’ Compensation, an insurance company, your employer, medical providers and potentially a liable third-party. It’s no wonder that injured workers find the process difficult to understand and hard to follow.
In order to protect a workers’ compensation injury claim, you will want to be careful not to make any mistakes right from the beginning. Working with a workers’ compensation attorney is one of the best ways to ensure that you follow the proper procedure and the right steps in getting the full benefits that you deserve following a workplace injury/accident.
Most workers’ compensation injury claims are straightforward and can be resolved by following the necessary steps. In most cases, you will not have to involve an attorney or fight for your claim, but there are instances of employers or their insurance companies denying claims for no good reason, and in these cases you should be prepared to contact a workers’ compensation lawyer and get expert advice on how to proceed with your case in a manner that is most likely to get you a positive result. In order to protect your claim right from the start, make sure you are familiar with the procedure involved with filing a claim and what the company policies are.
It is important that you understand your company’s policies regarding workers’ comp injuries. Note that in most cases delays in reporting your injury or filing a claim can jeopardize your case. You should always report your injury or illness as soon as it occurs. Failing to immediately report, or allowing some time to pass between becoming injured and reporting and filing the paperwork can make insurance carriers think that your claim is not legitimate.
In some instances, illnesses or injuries that develop over time can make it difficult to pinpoint an exact injury date. In these cases you should report the injury as soon as it becomes problematic for you and when you know you need to seek medical attention. It is still important to report the injury as soon as possible.
Sometimes employees will wait to see if the injury heals itself before reporting it, assuming that it is not serious or that they can deal with it without seeing a doctor. The problem with this is that if the injury does escalate and does not resolve itself, your claim could be denied because you did not report the injury. So, always report an injury as soon as possible, even if it appears to be minor. With workers’ compensation claims, documentation is extremely important, so take care to report the injury, file the necessary paperwork, discuss the process with your supervisor, and then seek medical attention.
During the process of making a claim, the insurance claim adjuster will probably take a recorded statement. You will be asked about your current work injury, any past injuries or conditions and any previous workers’ compensation claims you may have filed. Be aware of what you say, as if can affect your case. If you are concerned about making a recorded statement, you should consult a workers’ compensation attorney, who can be present during the statement or who can advise you as to how to go about it.
If you have questions about your claim or if your claim is denied and you need additional help, contact an experienced workers’ compensation attorney who can help you to resolve the situation as quickly as possible and get you the compensation you deserve.
ABOUT THE AUTHOR: James M. Hoffmann
James M. Hoffmann concentrates his practice in workers compensation and personal injury. He has a successful record of trying cases, mediating cases, arbitrating cases and obtaining settlements for injured workers, victims of car accidents, truck accidents, and other similar personal injury cases.
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More information about Law Office of James M. Hoffmann
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Most workers’ compensation injury claims are straightforward and can be resolved by following the necessary steps. In most cases, you will not have to involve an attorney or fight for your claim, but there are instances of employers or their insurance companies denying claims for no good reason, and in these cases you should be prepared to contact a workers’ compensation lawyer and get expert advice on how to proceed with your case in a manner that is most likely to get you a positive result. In order to protect your claim right from the start, make sure you are familiar with the procedure involved with filing a claim and what the company policies are.
It is important that you understand your company’s policies regarding workers’ comp injuries. Note that in most cases delays in reporting your injury or filing a claim can jeopardize your case. You should always report your injury or illness as soon as it occurs. Failing to immediately report, or allowing some time to pass between becoming injured and reporting and filing the paperwork can make insurance carriers think that your claim is not legitimate.
In some instances, illnesses or injuries that develop over time can make it difficult to pinpoint an exact injury date. In these cases you should report the injury as soon as it becomes problematic for you and when you know you need to seek medical attention. It is still important to report the injury as soon as possible.
Sometimes employees will wait to see if the injury heals itself before reporting it, assuming that it is not serious or that they can deal with it without seeing a doctor. The problem with this is that if the injury does escalate and does not resolve itself, your claim could be denied because you did not report the injury. So, always report an injury as soon as possible, even if it appears to be minor. With workers’ compensation claims, documentation is extremely important, so take care to report the injury, file the necessary paperwork, discuss the process with your supervisor, and then seek medical attention.
During the process of making a claim, the insurance claim adjuster will probably take a recorded statement. You will be asked about your current work injury, any past injuries or conditions and any previous workers’ compensation claims you may have filed. Be aware of what you say, as if can affect your case. If you are concerned about making a recorded statement, you should consult a workers’ compensation attorney, who can be present during the statement or who can advise you as to how to go about it.
If you have questions about your claim or if your claim is denied and you need additional help, contact an experienced workers’ compensation attorney who can help you to resolve the situation as quickly as possible and get you the compensation you deserve.
ABOUT THE AUTHOR: James M. Hoffmann
James M. Hoffmann concentrates his practice in workers compensation and personal injury. He has a successful record of trying cases, mediating cases, arbitrating cases and obtaining settlements for injured workers, victims of car accidents, truck accidents, and other similar personal injury cases.
Copyright Law Office of James M. Hoffmann - Google+
More information about Law Office of James M. Hoffmann
View all articles published by Law Office of James M. Hoffmann
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
