You are currently viewing Eligibility For Filing Works’ Comp

Eligibility For Filing Works’ Comp

Can I File A Claim If I Was Injured At Work?

If you were injured at work, you typically have the right to file a workers’ compensation claim. Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who are injured or become ill as a result of their job. The goal of workers’ compensation is to provide financial and medical support to employees who suffer work-related injuries or illnesses without the need for them to prove fault or negligence on the part of their employer.

Here Are Key Steps To Consider If You Were Injured At Work:

  1. Report the Injury: Notify your employer about the injury as soon as possible. Many states have specific deadlines for reporting work-related injuries, so it’s important to report promptly.
  2. Seek Medical Attention: If your injury requires immediate medical attention, seek medical help right away. In some cases, your employer may have a designated medical provider for workers’ compensation cases.
  3. Document the Incident: Keep records of the incident, including the date, time, and circumstances surrounding the injury. If there were any witnesses, try to obtain their contact information.
  4. File a Workers’ Compensation Claim: Your employer should provide you with the necessary forms to file a workers’ compensation claim. Make sure to complete the forms accurately and submit them within the required timeframe.
  5. Follow Medical Advice: Attend all medical appointments and follow the prescribed treatment plan. Compliance with medical recommendations is important for your recovery and for the workers’ compensation process.

As a lawyer, like a slip and fall lawyer can attest to, workers’ compensation laws can vary by jurisdiction, so it’s important to be familiar with the specific rules and requirements in your state. In general, workers’ compensation benefits may cover medical expenses, wage replacement, vocational rehabilitation, and other related costs.

Keep in mind that, in exchange for the benefits provided by workers’ compensation, employees usually waive their right to sue their employer for negligence in a personal injury lawsuit related to a work-related injury or illness. However, there are exceptions, and the details can vary by jurisdiction.

Third-Party Injury Claims

Third-party claims arise when an individual, while uninjured at work, seeks compensation for injuries caused by a party other than their employer. For example, if a person is involved in a car accident while performing work-related duties, they may file a third-party claim against the negligent driver responsible for the collision. These claims allow employees to recover damages such as medical expenses, lost wages, and pain and suffering, even if their employer’s workers’ compensation covers their work-related injuries. Third-party claims offer a crucial avenue for seeking full compensation when another party’s negligence or misconduct causes harm during work-related activities.

Help With Your Claim

As trusted attorneys like those at Kiefer & Kiefer can tell you, if you have questions or encounter difficulties in the workers’ compensation process, it’s advisable to consult with an attorney who specializes in workers’ compensation law to ensure your rights are protected and you receive the benefits to which you are entitled. Reach out to your local law firm for help now.