5 Questions You Should Be Asking When Filing For Workers’ Comp

Feb 6 • Law • 210 Views • Comments Off on 5 Questions You Should Be Asking When Filing For Workers’ Comp

Getting hurt on the job can create a world of uncertainty for the injured worker and his or her family. Knowing what to ask is key to getting the needed information. Below are five key questions anyone injured on the job should keep in mind.

5 Questions You Should Be Asking When Filing For Workers' Comp

Is My Employer Responsible for My Medical Treatment?

When a worker is injured in the scope of employment, the employer is required to provide reasonable and necessary medical treatment for the injury. The worker is also entitled to rehabilitation therapies for the injury. In situations where the worker is forced to travel for treatment, those expenses are also covered.

What about My Paycheck?

When an employee is forced to take time from work due to an on the job injury, he or she is entitled to weekly payments based on the average weekly wage earned prior to injury. There is a formula used to calculate this amount and a maximum weekly amount paid under worker’s compensation.

Will I Lose My Job?

This is the most common question for injured workers. If a worker is able to physically perform the job, the employer is typically required to return the worker to the same or a similar job. There are scenarios where the employer is unable to provide a position for the worker and must provide a twenty-eight (28) day notice of intent to terminate employment.

How Do I Initiate a Claim?

Oral or written employer notification must come as soon as is reasonable after suffering a work related injury. The worker should obtain a First Certificate of Capacity from the doctor and also complete a Workers’ Compensation Claim Form. After making copies for personal recordkeeping, both documents must be given to the employer, who must forward them to the insurance company within five (5) working days. Within fourteen (14) days the insurance company is required to contact the worker to accept, deny or dispute the claim.

Should I Retain Counsel?

Law firms such as Hoffmans Injury Lawyers are experienced in all facets of work injury claims and strongly recommend counsel for injured workers. There is no substitute for the peace of mind accompanying qualified legal representation. Our no win/no fee arrangement makes hiring a lawyer easy and risk free.

Navigating a web of paperwork and getting appropriate medical treatment while worried about job security can be overwhelming for anyone. Having answers to these five questions will help relieve anxiety and allow injured workers to make properly informed decisions.

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