Understanding Legal Challenges

Tips To Succeed In A Workers' Comp Claim

If you have sustained injuries at the workplace, you should claim compensation for your injuries. Many employees are required to have workers' compensation insurance; however, making this claim is no easy undertaking. Make sure you talk to a workers' compensation lawyer before you proceed with your claim. Here are a few tips to help you succeed in your workers' compensation case.

Report Your Injury Immediately

When you are involved in a work-related injury, report it to your employer. Workers' compensation claims have certain statutory limitations. The deadline for reporting a workers' compensation claim varies depending on your state.

If you fail to notify your employer about your injuries by a certain date, you might lose your right to receive workers' comp benefits. Some jurisdictions require that you file a workers' comp claim form before a certain date to begin your claim.

Seek Medical Treatment

You should see a doctor immediately after a work-related injury. This will not only lead to a quick recovery but also prevent the insurance provider or your employer from attributing your injuries to a pre-existing condition.

Additionally, the insurance company may claim that the injury never happened at all. Seeking medical treatment helps you acquire crucial medical evidence in your claim by describing your injuries, treatments, and providing details about your accident.

Gather Supporting Evidence

Before making a workers' comp claim, you should gather as much evidence as possible. You will have a chance to request information from other parties. This is known as discovery. Some of the discoverable information includes employee files, investigative reports, statements from witnesses, the accident report, surveillance photos and videos, depositions, and medical treatment records. Your workers' compensation lawyer will gather all this evidence on your behalf and build a strong case to ensure fair compensation.

Expert Testimony

To strengthen your workers' comp claim, you will need evidence from professionals. Expert witnesses will prove your injuries are work-related, and you are entitled to compensation.

For example, if you injure your spine during a work accident, the insurance provider may claim your injuries aren't serious. In this case, your doctor can act as an expert witness. They will break down the evidence of your injuries and prove you cannot work. Your doctor's testimony is a crucial part of the formal hearing, which can increase your chances of getting workers' comp benefits.

In Closing

When claiming workers' comp, make sure you familiarize yourself with the available benefits. Prepare yourself for an independent medical examination by reviewing your medical records and anticipating tricky questions. Ensure you hire a workers' compensation lawyer to help you through the claims process.