Workplace injuries have devastating effects on the person who is injured and their family members. The effects can be emotional, physical, and financial. The law requires employers to have compensation insurance for their employees. It will give the workers help with wage replacement and medical expenses. Most people find the process complicated, and some claims are not accepted.
For your injury to be valid, it should fit the following criteria.
- You were not doing something illegal when you got the injury
- The company legally employs you
- You reported your injury to your employer
- You filed the compensation claim before the deadline
You should know that not every injury in the workplace qualifies for a compensation claim. For example, if you bring lunch to work and your tooth breaks as you eat it, your compensation claim will not go far.
If your claim is valid, doing the following things will ensure that you get full compensation.
Report Your Injury to Your Supervisor
As soon as you are injured, report the injury immediately to your supervisor. Do not seek treatment before you have informed your supervisor. Although some states allow verbal notice, document your injuries in writing. It will enable you to have proof that you did deed report it. With an oral report, you will not have evidence, and it will be your word against theirs.
Seek Treatment
In most cases, you will have to seek treatment from the doctor recruited by your employers. However, you can see a doctor of your choice if you had requested in writing before you got injured. Under the Federal Employees’ Compensation Act (FECA), your doctor must submit medical reports that answer questions and concerns that the compensation officials may have.
Your employer has a right to ask for a second opinion from another doctor where the following guidelines will apply;
- The doctor does not need to be certified by any board in the medical field.
- You can bring your doctor to the examination.
- All expenses incurred during the second exam are paid for by your employer.
- The doctor is only supposed to give his medical opinion
- Your representatives have to receive a formal notice of the second examination.
Keep A Record of Everything
You must keep a record of everything, from the written letter to your employer supervisor informing them of your injury to your medical bills and reports. You can also take pictures of your injuries. These records will come in handy when determining the compensation amount, and if your case goes to court, they can be used as evidence.
Hire A Lawyer
Hiring a lawyer is a crucial step when looking to file a compensation claim. Do not just hire any lawyer for the sake of it. Take your time and find a lawyer who will put your interests first. Avoid lawyers who are about the money. Choose a lawyer who does not charge anything unless you win your compensation. According to lawyers from https://www.silverthorneattorneys.com/mission-viejo-injury-lawyer/ there are lawyers who are focused on what they will benefit from you and not what you will get from them. Go for consultations with different lawyers until you find the one that you feel is good for you.
File A Compensation Claim
After you have hired a lawyer, it is time to file your claim. There is no way you can get compensated without filing a claim. Your lawyer will assist you in this step. They will have to organize all the needed documents and talk to witnesses and experts in the field. Most lawyers know many experts and know who to call when your case is presented and how their testimony will affect your case. That is why you need to look at their experience and how their previous compensation cases turned out.
File an Appeal If Your Claim Is Denied
Legitimate compensation claims may not be approved the first time they are presented. However, it would be best if you did not lose hope as it is not the end of the road. Talk to your lawyer, who will file an appeal. It will be your second chance to win your claim. Look at all the places you may have gone wrong in your first appeal and correct them.
After you get injured in your workplace, you have to make sure that you do everything possible to get full compensation. The process may seem complicated or tiring, and you may not be in the right mental state to handle the compensation claim. That is why you have to find a good lawyer who will take up this responsibility and ensure that you get the compensation you deserve.
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