If you have suffered injuries in a workplace accident, you are eligible to pursue a claim for workers’ compensation benefits. While state laws regarding workers’ compensation vary, most employers throughout the United States are required to maintain this special insurance coverage for their employees at no charge. Any employee – regardless of hours worked per week – is covered by workers’ compensation. The workers’ compensation system is supposed to be easy to navigate, but even legitimate claims are often denied. Here are the basics on how to get your workers’ compensation claim started. Notify Your Employer The first step in filing a workers’ compensation claim is to notify your employer. As soon as you realize you are injured, you should be sure and tell a supervisor or a manager. Your employer will need to complete an accident report. You will have to give a detailed statement that explains what you were doing, how the accident occurred, how you were hurt, and specific details about your injuries. Make sure your supervisor is aware of any witnesses to your accident – including coworkers, vendors, or customers. These eyewitnesses can be very beneficial for your claim and can provide the supporting evidence that is needed to confirm that your injury did occur while you were on the job. Get Medical Care You should establish medical treatment right away. Failing to establish medical care can be detrimental to your claim. If you postpone getting treated, it will look as though your injury isn’t that serious. Or, it might be more difficult to prove that your injury happened while you were on the job. Get treated the day of the accident, regardless of the severity of your injuries. The Process in Your State The workers’ compensation claims process isn’t the same in every state, as each state sets its own laws regarding workers’ compensation claims. After you have notified your employer, you will need to find out how to get your claim filed and underway. In some states, you will need to contact your state’s Workers’ Compensation Division to file a claim. In other states, you will notify your employer that you wish to file a claim then they submit the details to their insurance carrier. You should be able to find out the process from your employer or from your state’s Department of Labor website. Consult With a Workers’ Compensation Attorney If you have suffered an injury while on the job, you should consult with a workers’ compensation attorney. Workers’ compensation claims are challenging, and your odds of a successful claim increase significantly when you enlist the help of a knowledgeable workplace injury lawyer. Most workers’ compensation lawyers work on a contingency basis, so you have nothing at all to lose. To determine how to proceed with your claim, complete the Free Case Evaluation Form on this page. An attorney in your area will review the details of your case and help you get your claim on the right track. Additional Resources How Long Do Workers' Compensation Cases Usually Last? What Does a Workers’ Compensation Attorney Do?
