If you were injured in the course of duties performed at work, you could be eligible for workers’ comp. benefits. This typically includes loss of wages and medical treatment as a result of those injuries. It’s not automatic and you need to go through quite a lengthy process before you are likely to receive any payments. This involves telling your employer and filing forms with all the details of the injury to the Division of Workers’ Compensation in Wyoming. It’s not easy and sometimes workers’ comp. claims are denied so it’s best to talk to a workers’ comp. attorney first before filing your workers’ comp. claim. Wyoming Workers’ Comp. Law Wyoming law insists that most employers have workers’ comp. cover. However, employers must purchase their insurance from the state. They can’t choose their insurer. In Wyoming workers’ comp. is a no-fault arrangement, so it doesn’t matter who or what caused the injury so as long as it took place at work, you are likely to be eligible. There are certain types of benefits you may be entitled to receive which could include: temporary disability payments which cover for wages lost; permanent disability payments when you have lost the use of a part of your body; necessary medical care; vocational assistance involving retraining in another job skill that better fits your health status; death benefits. Workers’ comp. is your only entitlement as you can’t sue your employer for injuries that happened at work in Wyoming. To ensure your eligibility for Wyoming workers’ comp. you must inform your employer within 72 hours of the injury or sickness taking place. Once the above has been done you will need to file a number of forms with the Division and the first of these is an Injury Report that has to be filed within 10 days of the injury. If you can’t work for at least three days or more you must fill in the Application for Temporary Total Disability Benefits. If your workers’ comp. claim is finally approved, you should begin receiving benefits quite soon following the decision. If you receive a notice saying your claim has been denied you will be informed about your right to appeal the decision. How a Workers’ Comp. Can be Denied It may seem obvious that you shouldn’t have any problem receiving workers’ comp. but it’s quite surprising that even a single administrative error on one of your forms could result in a denial. There might be a dispute you weren’t aware of stating that your injury or sickness is not work related. There are even accounts of workers’ comp. claims being denied because the employer has claimed that you were intoxicated when the injury took place or your sickness is not work related but due to chronic alcoholism or drug use. How the Workers’ Comp. Appeals Process Works in Wyoming If your workers’ comp claim has been denied, you are entitled to appeal the decision with the Wyoming Department of Workforce Services (DWS). DWS will make a decision and let you know in writing. If you are not satisfied with the decision you can appeal within fifteen days and request a hearing with the DWS. You will need to gather all the required information and any evidence such as reports from witnesses. You may be asked to go through a medical examination (IME) with a doctor you choose. The hearing occurs at a DWS office where you are required to be present. Both sides will need to submit suitable evidence including bringing in witnesses. The hearing officer will mail its decision within 30 days to the involved parties. If this decision is not favorable you may appeal it to a Wyoming District Court. This is when the appeals process may become complex and hiring a workers’ comp. lawyer may be your only chance of success. The Reasons for Hiring a Worker’s Comp. Attorney An experienced workers’ comp. attorney will have handled many cases like yours and he or she will know whether you have any chance of winning an appeal. You shouldn’t delay but contact a workers’ comp. attorney to help ensure you get your workers’ comp. entitlements. Note that most workers’ comp. attorneys work on a contingency fee basis, meaning there is n legal fees to pay. The fee is deducted from the final compensation payment.
