If you have been injured at work and file a claim for workers’ compensation benefits, you might be left wondering if you will go to court. In many cases, claimants do not have to go to court. If you file a claim and it is approved and they pay your benefits, you are fine. An attorney can even help you with a lump sum settlement by negotiating with the insurance company without having to go to court. But, if your claim is denied and you file an appeal, and if you cannot reach a satisfactory settlement before the claim advances to court, then you would have to appear before a judge for a hearing. The Workers’ Compensation Claims Process If you are injured at work, you will need to seek medical care right away. If it is an emergency, go to the nearest emergency room. If it's not an emergency, go to a medical provider on the approved list of in-network workers’ comp providers that your employer has. You must notify your employer of your injury right away. You should jot down notes about the accident while it is fresh in your memory because you will need to give a detailed statement explaining the accident and how you were injured. This will be included in the accident report. Make sure any witnesses give statements for inclusion in the report as well. Keep copies of all medical records, document missed work and lost wages, and maintain evidence that supports your claim. Failing to get medical care right away can be used against you, because your employer can allege that the injury did not occur on the job. Workers’ Compensation Claims Denials There are many reasons workers’ compensation claims are denied, and often, an attorney can help you correct the issues. For example, you suffered a back injury when you fell from a ladder at work. Your employer learns that you suffered a back injury playing football in college. They allege that your injury is pre-existing and that you did not get hurt during the fall. Your attorney will gather up medical records to show that the injury was different, and that this is a new injury because you had recovered from your previous injury. Sometimes the denial could be because of an error in filing paperwork, which can be corrected by your workers’ compensation lawyer. Consult With a Workers’ Compensation Attorney If you have suffered an injury while working, you should consult with a workers’ compensation attorney who is licensed in your state. Workers’ compensation claims are challenging, so don’t risk losing the benefits that you need during this difficult time. Complete the Free Case Evaluation Form on this page today, so a lawyer can review your case and determine the best way to proceed with your claim. Now is the time to get your claim on the right track. Time is of the essence, so get your case reviewed today! Additional Resources Can I Settle a Workers’ Compensation Claim Out of Court? Types of Workers’ Compensation Cases End Up Going to Court
