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Required Steps to Filing a Workers’ Comp Claim (Full Guide)

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Required Steps to Filing a Workers’ Comp Claim
Required Steps to Filing a Workers’ Comp Claim

Required steps to filing a workers’ comp claim are a big question mark on many employees. However, this will not be a problem for you anymore! Today, we are going to cover everything you need to know about filing a workers’ comp claim.

At the end of this guide, you will know all the required steps to filing a workers’ comp claim and carry out your procedures on your own. We have also included the steps that must be completed by your employer to offer you a transparent guide.

This will also let you know when to be patient and when you take action for your claim.

5 Required Steps to Filing a Workers’ Comp Claim

There are 5 required steps to filing a workers’ comp claim. It is very important to follow the exact same order to avoid confusion and any delays. In the following section, you are going to find everything you need to do or wait for.

This is why it is very important to pay attention to the content we have shared under these headings. Of course, you can also work with a professional and hire a workers’ compensation lawyer.

However, you can easily carry out the entire process on your own. Thus, we recommend hiring a professional in case your claim will be rejected by the insurer.

Reporting the Injury to the Employer

The first step in the required steps to filing a workers’ comp claim list is reporting the injury to the employer. Besides the injury, you can also report any illness that is caused because of your work. Most states require you to report the incident in 30 days.

However, some states also allow employees to report their incidents for up to one year. Some of the common injuries reported to the employer in the United States include carpal tunnel syndrome because of repetitive typing and breaking a limb because of slipping on a wet floor.

On the other hand, mesothelioma is the most common illness reported to employers.

Informing the Employee About His/Her Rights

The second step in our required steps to filing a workers’ comp claim list is out of the control of the employees. Once they report the incident to their employers, now they need to wait for their employers to inform them about their rights as well as workers’ comp benefits.

The form you are going to give to your employer will be filled out by him or her and returned to you. It will also provide information about the incident from the perspective of your employer.

The forms you need to give to your employer and he or she needs to return you may vary depending on which state you are working in.

Reporting the Injury to Insurance Carrier & Filing a Claim

As the third step in the required steps to filing a workers’ comp claim list, you will again wait for your employer. Your employer will inform the insurance carrier about the incident by sending some forms.

In addition to this, he or she will fill a claim on your behalf as your employer. Although not mandatory, some insurance carriers may require a medical report taken by the doctor of the employee. Thus, make sure that you prepare such documents in advance for quick action.

Additionally, the employer also needs to report the claim or incident to the workers’ comp board in their state.

Approvement or Reject of the Claim by the Insurer

In the fourth step of the required steps to filing a workers’ comp claim list, you will learn the result of your claim. If it will be approved, there is nothing to worry about since all costs including medical bills, disability payments, lost wages, and medicine will be covered.

You can also negotiate for a better settlement, and you may want to hire a professional to negotiate on your behalf. If your claim will be rejected, you can request a reevaluation from the insurance carrier.

If the result will be the same, then you can file a formal appeal to object to the decision. Again, a professional can be really helpful in such cases.

Returning to Work

After you complete all the required steps to filing a workers’ comp claim and enjoy your compensation, you can return to work. Your work will be protected by your employer during this time and your employer cannot discriminate against you by any means.

In case you have lost some of your abilities, then the employer is responsible for providing modified duties to you. Additionally, you may be rewarded with a new position such as training employees or recruitment.

Although rare, some workers are discriminated against because of their workers’ comp claims. In such cases, you can also hire a workers’ compensation attorney. If you do not know how to find one, have no worries. All you need to do is type a workers’ compensation attorney near me on search engines!

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