Workers’ compensation claims require a multi-step process that involves a variety of professionals. After the initial review, they start an investigation to delve into how you received your injury. On average, it can take anywhere from weeks to up to 18 months to provide a settlement agreement. After that, you can sign additional paperwork and agree to the workers’ comp benefit terms.
For a more expedient experience, you should prepare by taking photographs, including any eyewitnesses, and speaking to an attorney. They can make sure you don’t slow down the process by making common errors. Attorneys will also help you understand how the workers’ compensation process works.
What is The Workers’ Compensation Case Process?
When you file your workers’ compensation claim, it undergoes a several-step process. According to the Law Offices of Nathaniel F. Hansford, these are just some of the steps you will be required to fulfill:
Report to Your Employer
You will need to let your employer know that you were injured within a 30-day period. This is within 30 days from the date you were harmed while at your job. If you wait past this time, you may become ineligible for workers’ comp. Your employer will submit a form regarding your injury to their insurance.
Medical Treatment
Your employer will send you to a doctor of their choice that is qualified under their insurance coverage. You will get a medical examination and be treated for any injuries or illnesses you experienced due to your line of work. The assigned doctor will review your injuries and let you know what type of treatments will be required. You will be given a Medical Mass Improvement review of when you should expect to be fully healed. They will grade the type of injury you have and report back to your employer with this information. You must stay compliant with your doctor’s recommendations. Avoiding treatment or disobeying doctor’s orders can result in you becoming ineligible for benefits and also extending the time you are injured.
File a Workers’ Comp Claim
Using your medical bills, photographs of your injuries, and other forms of evidence, you can file a workers’ comp claim through your employer. The insurance company will review this information and begin processing it. They will likely request additional information from you in regard to your injury during the process.
Insurance Company Responds
The insurance company will respond to your claim with a letter providing information on what benefits you will receive. If you’ve been denied, you can enter into the appeal process if you think you deserve workers’ comp benefits. You will have to sign additional paperwork before agreeing to the settlement amount.
Workers’ Comp Board Review
The state workers’ comp administration must review all information submitted by the insurance company before your claim can proceed.
Receive Benefits
While on workers’ comp, you must continue your medical treatment and take time off from work. You might be working in a reduced role due to your injuries but continue to receive workers’ compensation. You’ll receive a variety of benefits, such as medical bill coverage, partial pay, vocational training, and more. You can continue to receive benefits during the specified time your doctor recommended for you to stay home.
Reach Maximum Medical Improvement
After you’ve reached Maximum Medical Improvement, your doctor can review your case again. You may have met your Maximum Medical Improvement but aren’t completely back to normal. In this case, you would have a partial or total temporary disability. If this is the case, then you may be granted an extension for your workers’ compensation benefits. Your doctor can review your injuries and report back to your employer’s insurance company letting them know.
Undergo Appeal Hearings
If you believe you deserve workers’ compensation but were denied after you were injured at work, you can reach out to the appeal board. The administrative judges can review your case. They will request you attend a pre-trial mediation meeting with your employer and the insurance company to review your case. If no negotiation is met, you can then attend a trial to appeal the denial.
Why You Should Work With Workers’ Compensation Attorneys
When you hire a workers’ compensation attorney, you can expect fewer delays. They will prepare your workers’ compensation claim and make sure that there is no missing information. Your application can be processed smoothly with little doubt that your workplace injury qualifies. With their guidance, you can be fairly compensated and circumvent the entire appeal process. If you absolutely have to appeal, your attorney will represent you before the appeal board to prove why you deserve to be compensated.
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