Workers’ compensation is a form of insurance that protects employees who are injured on the job. It also provides benefits for dependents of workers killed in accidents at work. The system exists to provide financial security to people whose injuries or deaths are caused by their jobs, but it doesn’t always happen that way. Sometimes employers fail to pay what they owe, and sometimes workers don’t get the medical treatment they need. When these things happen, you may be entitled to additional compensation through litigation.
This article will teach you how to improve your chances of winning a workers’ compensation case, with legal advice from an experienced attorney who specializes in this area of law and knows when there’s been employer negligence or bad faith on behalf of the company paying your workers’ comp.
Notifying the Insurance Company
The first thing you should do if you’ve been injured on the job is to make sure that your employer has notified its insurance company of your accident. You can check this yourself by calling the claims department to confirm it has received notice of the incident. If necessary, ask for an update on how many days have passed since your injury occurred and when they will be able to visit you at your home or hospital room, so that they can commence their investigation into whether negligence caused your accident.
Consider Filing a Formal Complaint
If you are having any difficulty reaching anyone in human resources or legal affairs because no one is returning your calls, consider filing a formal complaint with the appropriate authority. This may help expedite response time from your employer’s side. Your attorney will know the right agency to contact.
If you have not been contacted by your employer’s insurance company, call them yourself and explain that you were injured at work on a certain date and that your employer failed to notify its insurer. Ask what you can do to speed up the claim process. The insurance adjuster may need some information from you before they can begin their investigation into whether negligence caused your accident, so make sure you are prepared with details. You may also ask for an update on how many days have passed since your injury occurred because it is illegal for an insurance company to take more than 15 days in most states to commence its investigation of your case after receiving notice of an accident.
File a Petition
If are having trouble getting the compensation to which you are entitled after being injured on the job, it may be necessary to file a petition for benefits with your state’s workers’ compensation board. State law governs what type of petition you can file, but typically you must do this within one year from the date of your injury, as long as you have not already filed a lawsuit against your employer over the accident.
Your attorney will know whether or not you need to hire a third party – typically an employment lawyer – to help prepare and present your case. If so, he/she will also know who to call based on his/her familiarity with local firms.
Filing a Lawsuit in Court
If your claim is denied by the insurance company that covers your employer, only then should you consider filing a lawsuit in court. Before you do this, however, give your employer the opportunity to settle the matter by accepting their liability. In most states, lawsuits can be filed within two years of an injury, as long as steps have been taken during that time period to resolve your claim with your employer.
Your attorney will know how much time you have to file a lawsuit after the denial of your claim and will advise you if it’s possible to extend that deadline due to extenuating circumstances. That’s why you need to hire a lawyer. Depending on where you are, you can search online for a workers’ compensation lawyer working in Charlotte, for example. He/she will know the right court in which to file a lawsuit because if enough proof is provided through discovery (gathering emails and other communication between employees and managers) it might be possible to prove negligence on behalf of management, which could speed up the resolution of the case.
Let Your Attorney Review All Documents
When you file a claim with your employer’s insurance company, you will be asked to sign all forms and release agreements in order for the insurer to investigate. You should make sure that your attorney reviews any documents before you sign them because they could result in lowering or even eliminating the amount of compensation you receive.
Keep a Record of All Meetings
You should keep a record of all meetings you participate in with your employer’s insurance company, whether they are face-to-face or over the phone. This is because anything said during these conversations could be used as evidence in court to show that the other side did not act reasonably when trying to settle your claim. Make sure you understand what is being said, who is saying it, and when.
Fill Out All Forms Completely
When you are filing a claim with your employer’s insurance company or petitioning the workers’ compensation board to obtain benefits, make sure that all forms are filled out completely. The more information you provide, the faster your case can be processed. If you leave something blank, it will take time to follow up with you for the information.
Be Honest About Your Symptoms
Many people who are injured at work file claims because they want compensation without actually being hurt. While that may sound attractive if your bills are piling up, it is a very risky business that can result in stiff penalties or even criminal charges.
Your attorney will know what types of questions to ask you during your initial consultation and can advise you as to whether a lie detector test might be a good idea based on the specific circumstances of your case.
The information we’ve shared in this article should help you think about how to improve the chances of winning a workers’ compensation case. If you’re injured on the job and want to file a petition for benefits, it’s important that your attorney is consulted first so he/she can guide you through the process. One way to increase your odds of success is by having all forms filled out completely and providing as much relevant information as possible during meetings with employer representatives or insurance providers. Whether you need an employment lawyer or not will depend upon state law – but if one is necessary, make sure they know what questions to ask before advising whether or not it would be prudent for them to take on your case. Keep track of all conversations and document
