How to Get Workers Compensation
If you get hurt at work, a workers compensation claim comes into existence. You must report your injury to your employer, then your employer should complete a First Report of Injury that is filed with the Department of Labor and the employer's workers compensation insurance company. As the injured worker, you are not required to file anything to open your claim. However, if your employer fails to complete and file a First Report of Injury, you can file a Notice of Injury known as a Form 5.
Once your employer files the First Report of Injury, you should receive a packet of information from the workers compensation insurance company. There are some forms in the packet that must be completed and returned to the insurance company. If you are unsure what the forms mean or which ones you must complete, contact me .
The insurance company has 21 days to accept or deny the claim. The insurance reviews the medical records related to your injury and can investigate the claim. That investigation can include talking to you, talking to your employer, and talking to your co-workers. If the insurance company accepts the claim, they will start paying the associated benefits. To determine what benefits you may be entitled to, visit the Workers Comp Benefits section. If the insurance company denies the claim, they must provide notice in writing.
Why Workers Comp Claims are Different from Other Legal Claims
A workmans comp claim is different than other types of legal claims. A workers compensation claim can be open for the rest of you life because any future problems you may have that are directly related to the work injury are included in your claim. The benefits you may get from your claim will likely change over time. However, your benefits cannot stop unless you are given written notice. The only time your benefits can stop without written notice is if you successfully return to work. If your benefits stop, without written notice, contact me.