Factors to Consider Before Making a Workers’ Compensation Claim
Sustaining an injury at one’s workplace can be daunting. You will have to deal with several unpalatable circumstances. For instance, you have to deal with the pain of the harm, heed your employer’s directive on choosing a medical practitioner, and grapple with potential income loss.
The situation becomes unimaginably complex if the harm leads to a permanent disability. It will deprive you of the opportunity to return to your daily activities. It particularly becomes highly challenging if you want to institute a claim for workers’ compensation.
This article highlights five factors you must consider before instituting a workers’ compensation claim:
Working While Receiving Workers’ Compensation
Workers’ compensation benefits offer monetary assistance to victims when they cannot undertake their usual roles. However, you can continue working or finding employment while the insurance firm processes your workers’ compensation claim.
If you decide to return to work or take up another role during this period, you must inform the insurer of your earnings, as this will affect your benefits based on certain parameters.
Remember that you must still liaise with your employer if your healthcare provider gives you the go-ahead to resume work with lighter activities. Your employer reserves the authority to provide you with such roles. The workers’ compensation insurance firm often heeds the employer’s word concerning these circumstances.
It is your employer’s responsibility to inform the insurer about this development. However, involving a workers’ compensation attorney in the process is essential. Your legal representative will ensure the insurance company gets the information from your employer.
A Sick or Injured Work May Qualify for Workers’ Compensation
Employees sustain injuries from work equipment, trips and slips, strains from lifting, and work-based journeys. Employers should promptly inform their insurance providers of any injury resulting from these situations for quick reviews and avoidance of fines.
Some incidents may not fall under the scope of workers’ compensation. Such exceptions include unexplained falls, harm sustained when the employee was relaxing outside of work hours, and intentional self-harm.
Open Communication with Your Physician
It is crucial to maintain open communication with your physician when undergoing workplace injury treatment. Discuss the specifics of your mishap and the resultant injuries during your first visit. Also, let the doctor know about your discomfort and pain anytime you visit them.
“Precisely describe the location of the pain. The physician will record and include the information you provide in your medical records. Remember that these records are crucial to determining the worth of your workers’ compensation claim,” says workers’ compensation injury attorney Ryan Vego of Glauber Berenson Vego LLP.
Thus, comprehensive medical records that consistently align with your reported symptoms can help you get fair compensation.
Some Employers Do Not Provide Workers’ Compensation
It is crucial to note that state regulations determine the necessity of workers’ compensation. Factors such as the nature of the business, job type, and employee count affect workers’ compensation. For instance, some states have declared volunteers, casual workers, and farmers ineligible for workers’ compensation.
Consult a local workers’ compensation attorney to know if you are eligible for compensation for your workplace harm.
You Cannot Sue Your Employer for On-the-Job Illnesses or Harm
Employment compensation provides a balance for employers and their workers. The system allows employees to receive compensation for their injuries and lost earnings. This arrangement negates your ability to institute legal action against your employer if all goes well.
You may only consider legal action when the employer blatantly threatens your safety or pushes you toward harm.
Also Read: The Benefits of Professional Bookkeeping for Startups: Why It Matters
Final Thoughts
All workers’ compensation claims differ. Hence, the benefits employees can receive in each case substantially vary. Acquaint yourself with the workers’ compensation program in your jurisdiction. However, quickly speak with a legal professional concerning any gray area.
