When you have an accident at work, you may be entitled to workers’ compensation benefits depending on the state you are in. These benefits will cover your medical expenses, pay for your time off, and protect your job when you are out if the accident requires medical leave. It can even cover some compensation if you have permanent damage due to the accident. Workers’ compensation will only provide coverage if the workplace can be found negligent or at fault. Here are seven tips for a successful workers’ compensation case.
Act Fast
No matter what state you are in, almost all claims have a deadline to be filed. This period begins when the incident occurs and varies according to each state and according to the claim type. This time limit is called the statute of limitations. This statute of limitations is in place to ensure that a person can’t come at any time to make a claim months or years after the accident. Therefore, you must plan to act as quickly as possible. There are some exceptions for going past this period, but even with great cause filing a claim after this timeframe can make it more challenging to earn the compensation you deserve.
Another issue to consider is that a lawyer needs time to study the case in detail and prepare an appropriate legal strategy. The more time you give your lawyer to prepare, the better chance you will win your case if the case requires a lawyer’s intervention.
Get Witnesses
If you have an accident at work and there are witnesses, be sure to take note of these people’s names and their contact information: colleagues, supervisors, contractors, and anyone who can attest to what happened will help successfully settle your case. Some cases are straightforward and easy to determine, while others are more complicated and require witnesses to help get it resolved successfully.
Consult a Doctor
The most important issue is your health and well-being, but going to the doctor will also serve as evidence in your favor. As soon as possible, please make an appointment with your doctor, whether for a follow-up after an emergency room visit or an initial appointment to determine damage. Remember that some injuries may seem mild at first, but then they become complicated and could even endanger your life if not treated. Also, keep in mind that if you do not receive medical help immediately, the insurance company could use that as evidence that your injury “was not so serious” and could reduce your chances to win your workers’ compensation case.
Write Down the Incident Immediately
As you know, insurance companies are, in the end, a business and will always try to find a way to reduce your payments. One of the things that they will seek for this purpose is the consistency of statements made regarding the incident. To avoid inconsistencies, it is crucial to write down the incident’s details as soon as possible. If you cannot write, have someone you trust to record the incident for you. The vital issue is that you have a record of the incident while it is fresh, and you have the information to review so you can remain consistent in the details.
Be Aware of What You Sign
It is typical for the insurance company to ask for a signed authorization to access your medical documents, which is reasonable provided it is closely linked to the issue in question, that is, the injury for which you are seeking Worker’s Compensation. If the insurer asks for access to documents unrelated to this injury, do not sign anything. They may be looking for more reasons to avoid paying their compensation using their past medical history, for which they could use evidence of past injuries or use of alcohol or drugs. If you are unsure or do not understand well what you are asked to sign, do not do it until a lawyer reviews it first.
Do Miss Any Appointments or Treatments
If you do not attend your doctor’s appointments or treatments, the insurer may decide you are cured or no longer need treatment. This determination could be used as an argument to cut back or deny your benefits. If you find it difficult to get to an appointment or treatment, be sure to reschedule as soon as possible. It is important to take it very seriously and be disciplined, as the insurance company is interested in proving that your injury does not merit compensation.
Find A Lawyer
In some cases, injured people find themselves in complicated situations that are not easily settled. You should consult a lawyer you can trust as soon as possible to ensure you are fully compensated for your accident and any subsequent injuries. Understandably, most people are not litigious. However, if you are injured while doing your job, you should be covered if it was no fault of your own, and a trustworthy lawyer will ensure that your compensation is the maximum you deserve.
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