A worker’s compensation claim is a complex and lengthy process. There are many steps involved, and you have to be patient to get your compensation. The whole process can be made easier if you have a faint idea of how things will go. You can read up on the matter to get up to speed on the whole process.
If you have a rough idea of how things work while seeking compensation, you will be able to handle things confidently. You will know where you have to focus your energies and what you need to work out with your lawyer.
The following discussion aims to equip you with the knowledge needed to take things head-on by providing a walk-through of the whole process of seeking compensation.
1. The Rehabilitation
After suffering an injury at your place of work, your priority should be to get better. There is nothing more important than your well-being, and you have to ensure that you recover. You have to realize the fact that in order to seek compensation, you will need to be physically and mentally fit.
This is why you should focus on getting better. While you recover from your injuries, you should document your healing process and take photos and videos to create a timeline for your recovery. You should also keep your medical bills organized and ready to be presented to your lawyer.
2. Reporting the Injury
Once you are in a stable position, you should make sure that you report your injury. There are a number of relevant people who need to know about your injury. Your employer needs to be informed of what happened, and your insurance provider should be brought into the loop. In addition, you need to inform the police as well.
In order to initiate the compensation process, you have to make sure that your injury has been duly reported. This can enable your employer and your insurance provider to begin the paperwork. Work can be initiated to remove the hazard that led to your injury.
3, The Investigation Phase
Once you report your injury, your employer and your insurance provider will start the investigation process. Your employer will be able to record the accounts of your fellow workers detailing what happened and what caused your accident.
Similarly, your employer will be able to look at the security camera footage to figure out what needs to be changed. Your insurance provider will conduct an investigation of their own to find out who was at fault and who needs to pay for your suffering.
Similarly, the police will conduct an investigation of their own to prepare a police report. They will be able to record witness testimonies, which will be useful to you later on.
4, Consult with a Lawyer
Discussing your case with a lawyer can be the best thing that you can do for yourself. When it comes to seeking compensation, some things need experience and expertise to navigate; your lawyer can be your chaperone in such matters.
Getting in touch with tireless workers’ compensation lawyers can provide you with a new direction, and you can get a head start on the whole process. The guidance a lawyer can offer you can be no match for the research you can do online. At a fraction of the price, you can hire someone with years of experience.
5, Navigating the Settlement
When you file your claim, you will get a response in the form of a settlement offer. You can consider this settlement offer as an opener to the negotiation process. The initial offer that you get is often so low that it will not cover your medical costs.
If you handle the settlement negotiations yourself, you can be left with a lower-than-expected compensation sum. This is why it can be a good idea to let the professionals handle the negotiations for you.
You can rely on your lawyer to handle this stressful part of your worker’s compensation claim. Your lawyer will be able to get you the highest sum of compensation possible for your injuries.
6, Taking Things to Trial
If the settlement talks fail or your compensation claim is denied, you can always take the matter to trial. By invoking the jurisdiction of the court, you will be able to bring the liable parties to the stand. Your lawyer will be able to question the liable parties in front of the jury.
This will enable you to bring things to light. If your employer has been negligent, you will be able to make them answerable for their negligence. Similarly, you will be able to get the compensation you deserve for your medical bills, lost wages, pain and suffering and the trauma of the unfortunate events of that day.
7, Non-disclosure Agreements
A common thing that employers do is offer a settlement sum early on after your injury, but in return, they require you to sign a non-disclosure agreement. This agreement can limit your ability to sue your employer for damages later on.
If your condition worsens or there is an underlying issue that is discovered later on, you can end up having to pay for the treatment out of pocket. By signing such agreements, you are essentially tying your hands, which is why you should not do so without consulting your lawyer first.
If your lawyer thinks that the terms of such an agreement are fair, only then you should move along with such a settlement.
8, Steps to Take in Case of Denial
In case your employer denies your claim for compensation, you can always get help from the law. By taking things to trial, you will be able to make sure that you are compensated for your pain and suffering.
However, if your claim for compensation is denied in court as well, you will have to seek remedy by appeal. Before you file an appeal, it would be best to identify the reason for the denial. You can file your appeal in front of the Worker’s Compensation Commission to make sure you are heard.
