A workers' compensation claim can be the only option that you have for collecting compensation and receiving treatment for injuries that you suffer while working.
Can a workers' compensation claim be denied?
One of the more unfortunate facts about filing a workers' compensation claim is that there is no guarantee that the claim will be awarded. For example, if it is determined that the employee was intoxicated at the time of the accident, the insurer may refuse the claim. Additionally, there may be other sources of dispute that could result in the insurance company denying the claim. When this occurs, there is an appeal process that can be used to compensate for it, but you will need to act quickly as there are time limits for appealing the decision.
What are the first steps that you should take following a workplace injury?
After you have been involved in an accident that has caused you to be injured, you should immediately report the incident to your supervisor. The insurance company that provides your employer with workers' compensation coverage will have a claims process that must be followed for the claim to be processed. Your supervisor will have the information needed to start the claims process for your injury. It is imperative to notify the supervisor of the injury as soon as possible. Otherwise, you could find that the insurance company is more likely to dispute the validity of your claim.
Is it possible to continue working while you recover?
Not surprisingly, many people will be wary of reporting these injuries due to the lost wages that may be involved. However, these policies will provide limited compensation for lost wages that may have been suffered. Once you have healed enough to resume partial work, the employer will be given the option of providing you with reasonable accommodations for you to return to work while you finish recovering. In some instances, it may not be possible for the employer to provide you with these accommodations. When this is the case, it is common for the policy to increase the compensation award to what you would normally make.
Will filing a workers' compensation claim result in your termination?
Fears of reprisal for filing one of these claims may be another reason for you to be wary of filing this type of claim. Yet, there are very strict laws and regulations in place to prevent an employer from taking punitive action against an injured worker for filing one of these claims. In fact, if your employer engages in this activity against you, there is a strong chance that you will be able to pursue civil damages against the employer.
Talk to a workers comp attorney today for more information.