10 Steps on How to File a Claim for a Workplace Injury
Do you know how to file a claim for a workplace injury? Filing a workers’ compensation claim isn’t hard as long as you follow certain steps. Here are 10 simple steps on how to file a claim for a workplace injury.
- Report Your Injury- The most important thing for employees to know is that any time you are injured on the job, you should report the injury immediately to a supervisor. To be safe, employees should report all on-the-job injuries to supervisory personnel in writing. You should file immediately so that you do not lose any legal rights you may have to receive workers compensation benefits from your employer.
- Notify Your Employer- No matter how the employer learns of the incident, they must offer you a claim form immediately. Until this claim form is completed, the employer has no obligation to provide benefits.
- Fill out the Claim Form- Make sure to SIGN and DATE the claim form!
- Keep a Copy- After you have filled out the form, it is important that you keep a copy for your records.
- Give the Claim Form to Your Employer– You may hand-deliver or mail it to your employer. If you choose to mail the claim form, use certified mail-return receipt requested. It is important to file quickly, because otherwise you could be subject to delays in receiving your benefits.
- Employer’s Responsibility– Your employer should then complete the “Employer” section and forward the completed claim form to his workers’ compensation insurance company. Your employer should give you a copy of the completed claim form. Generally the insurance company has fourteen days to mail you a status letter about your claim. If you don’t receive this letter, you should call the insurance company.
- Review- If you disagree with a final determination of the Office of Workers’ Compensation Programs you may request an oral hearing or a review of the written record from the Branch of Hearings and Review. Oral and/or written evidence in further support of the claim may be presented.
- Reconsideration- You may also request a reconsideration of a decision by submitting a written request to the District Office which issued the decision. The request must be accompanied by evidence not previously submitted. If reconsideration has been requested, a hearing on the same issue may not be granted.
- Employees’ Compensation Appeals Board- You may also request review by the Employees’ Compensation Appeals Board (ECAB). You may not file through the state or federal system; once a final ruling has been made by ECAB there are no further outlets to have the decision overturned.
- Disputed Claim- If your employer disputes your benefit claim, you may ask for a hearing in front of the Workers’ Compensation board. If you lose, you may appeal to take your case before a Workers’ Compensation Administrative Law Judge. If you still lose, you might be able to take it to court in the judicial system.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/workers-compensation-what-to-do
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