The workers’ compensation system is a complicated give-and-take that requires careful planning. This is why it’s essential to work with an experienced workers’ comp attorney who can help you navigate the Workers Compensation Management process.
Injured workers can receive benefits for lost wages, medical expenses, and vocational rehabilitation. These benefits are often tax-free.
Notify Your Employer
If you sustain an injury in the workplace, you must notify your employer about the incident as soon as possible. Please do so to avoid a loss of rights to workers’ compensation benefits.
It is also essential to seek medical attention immediately after the accident. This is especially true if you need clarification on your condition or the severity of your injuries.
It would help if you told your healthcare provider that you have a work-related injury or illness and provided your employer’s name.
Your doctor must also file reports with your employer and the New York State Workers’ Compensation Board. This is required by law and helps you get compensation for your injuries.
File a Claim Petition
Getting injured on the job is never an easy experience, but it doesn’t have to be. A workers compensation or social security disability lawyer can help you navigate the process to get the benefits you deserve.
One of the first steps in navigating the workers’ comp claim process is filing a claim petition. This legal document states your case and sets out all the facts of your claim.
Once you file the petition, your employer’s insurance company must respond within 20 days. If they don’t, you can appeal to the judge to overturn their decision.
Schedule an Initial Consultation
You’ll likely need to seek legal help if you have an injury at work. A workers compensation attorney can answer any questions, provide guidance and advice, and help you navigate the process especially if you have been rendered disabled by your work injuries.
Each state sets up its workers’ compensation program, which provides wage loss and medical benefits for injured employees. It also establishes how claims are handled, what impairments are covered, and how disputes are resolved.
It’s important to schedule your initial consultation with a workers’ comp lawyer as soon as possible. This will ensure you have enough time to discuss your case with us and determine if we fit your needs.
Collect Medical Records
A workers’ compensation claim can be complicated with many moving parts. But with some guidance, navigating the claims process can be less overwhelming for injured workers and their employers.
One of the most important things to do is collect medical records. These can include your medical provider’s notes, medical test results, lab reports, and billing information.
When requesting your medical records, you must specify what you want and when. The medical office should have a records request form you can fill out to get started.
Depending on your state’s laws, you may also need to provide documentation of where you received care and how you were treated. If you recently switched healthcare providers, check with the new practice to determine how they keep records and where they store them.
Schedule a Hearing
You may qualify for workers’ compensation benefits if you are injured on the job or become sick due to work conditions. These benefits pay for medical expenses, lost wages, and rehabilitation costs.
Typically, these programs are aimed at restoring you to as close to your pre-injury level of health and ability to work as possible. This may include offering you modified duties or training you on other skills so that you can return to work as soon as possible.
Depending on the state where you work, your employer may have forms that you must complete to report an injury or illness. These vary by state but usually include details about the incident, how it happened, and the medical treatment required.
File an Appeal
If you disagree with the decision reached by the judge or jury in your case, you can file an appeal. The appeals court can set aside, confirm or modify the judgment and order a new trial.
The appeals process is often complicated and involves written arguments (briefs) and technical rules of law. It is best to have a lawyer guide you through the appeals process.
If you are filing on your own, called pro se, you must determine your state’s procedure for unrepresented litigants. Several states have websites that provide information on how to file an appeal without a lawyer.
Negotiate a Settlement
Negotiating a settlement can be challenging, especially when dealing with emotional issues. However, you can improve your chances of success by staying calm and respectful during negotiations.
Settlement agreements are a way for people to resolve various types of disputes, including debts and personal injury lawsuits. The terms negotiated are typically determined by the state’s laws and must advance both parties’ needs.
If you have a workers’ compensation claim, you can negotiate a settlement to reduce your claims costs and get you a fair compensation amount. The settlement process can be complex, but an experienced lawyer can guide you through it and help you reach a final agreement that works for both of you.