Need to file a Workmans Comp claim?
Tags: workmans comp, worker compensation settlement, work comp settlement, work comp benefits
|
If you're involved in a Workmans Comp situation at your place of employment, you'll be struggling with a lot of different thoughts. Not only are you injured and trying to get accustomed to your new situation, but you may also be concerned with how your reacting to that work accident may threaten your job position. These are all valid thoughts, but don't let them affect your decision in seeking a worker compensation settlement.
Keep this in mind, any accident that occurs at work and can be proven to be the sole responsibility of your current employer should definately be looked into at all costs. The employer must provide work comp benefits to its employees, therefore they also have a responsibility to their employees and you may prevent someone else being injured just as you were.
What are the work comp benefits I'm entitled to receive if needed?
- Medical Expense – which covers the cost of hospitals, doctors and medical treatment that may arise due to your injury. In some states you may be allowed to use a medical provider of your choice, but in other states there is a closed panel system that will require you to seek medical help from a provider chosen by the employer or the employer's insurance company.
- Disability Pay – whether temporary, while you are getting back to normal, or permanent if you have never fully recovered. The amount varies, but if you have a valid workmans compensation claim, you can usually receive work comp benefits that are equal to two-thirds of your regular wages or salary.
- Vocational Rehabilitation - if you are unable to perform the usual duties of your occupation, due to your injury, you may need re-training so that you can enter into a new line of work. To do so, you may need to get your strength back, which could require physical therapy sessions, which would be covered by your workmans comp coverage.
So, what's the timeframe to file a workmans comp claim?
There is a 3 year limit on making a workmans comp claim, so you need to put in the claim for your worker compensation settlement within 3 years of the date of the accident. Although, if a medical condition is later diagnosed and your working environment is found to be the primary cause of the diagnosed medical condition, you then have three years from the date of diagnosis to pursue the claim.
Despite this 3 year period, the claim for your worker compensation settlement should be filed immediately following the accident. If you wait too long, you may lose crucial evidence or statements from witnesses. Begin proceedings while the thoughts are still fresh in your head.
If you are able to take photos of your work, where the accident occured, this would be greatly beneficial. This can reveal any circumstances that may have caused your accident in the first place, and can also act in supporting your work comp settlement claim.
In all workmans compensation claims, consulting with an advisor is key in pursuing a work comp settlement claim. This advisor will tell you whether your claim has a real chance of being a success, but they will need your help to make this happen. Act fast while the memories are still fresh in your head, because the longer you wait, you may miss the opportunity to claim the work comp settlement that you're entitled to.
The information contained in this article is not, nor is it intended to be, legal advice as Global Financial is not a law firm. You should always consult an attorney for advice regarding your individual situation.
Categories: workmans comp, worker compensation settlement, work comp settlement, work comp benefits