The employees of a company will be compensated when they suffer from any kind of injury in their workspace. This is called workers’ compensation. It will cover all kinds of work-related injuries and the medical expenses that follow it. While representing the case, you will require legal aid to represent the best version of your case.
If you are looking for legal help for handling your car accident case in Boise, then Litster Frost is your best choice. You can hire an experienced Boise Idaho workers compensation attorney to represent your case in the court on your behalf. They will work your case from all possible angles and come up with the best solution that will work in your favor. You can visit their webpage to hire their service. Click here to check their website.
What is the Process For Claiming The Compensation?
This step is mostly taken by the employees after they have suffered injuries at or during their work hours. It involves several steps that an employee can take to fill the worker’s compensation and get the benefits that are approved for them.
If one suffers injury at work, there is very little time available to report the same. And, if the employer fails to report it at the earliest, they might be denied of the compensation insurance benefits.
There are certain responsibilities that the employers need to take on their end. First, they need to gather all the information and data about the incident that had taken place. The next step involves taking them to seek medical attention and lastly, in order to help them file the claim, they must perform the following duties:
- Guide the employees with the right paperwork that they need to file for the compensation. They must be given the opportunity to fill out the details like date, time, place as well as the circumstances of the injury.
- Interview the witnesses and understand how the incident took place and provide their statements as supportive documentation on the claim.
- File the form with complete data backup to the insurer.
- Also, submit a copy of the form to the state’s worker’s board if the situation demands.
Steps to fill the compensation claim:
There Are Majorly 5 Steps With Which One Can File the Claim and This Makes the Entire Process Less Complicated:
1. The employee reports their injury to their employer- The employees must immediately report to their employers upon getting injured at the workplaces. Typically, they must provide written notices. Injuries can be of multiple types, ranging from slipping on the wet floors and breaking arms to getting into carpal tunnel syndromes by constantly typing. Some of the injuries might require immediate medical attention while some might need non-emergency treatment.
2. The employer must guide the employee on the necessary paperwork- After receiving the notification of an injury; you need to help the injured with the necessary rights and information. Hand out the form they need to fill and examine if it needs any more details. Complete the form and hand it over to the insurer for the employee to receive the deserving compensation.
3. The employer files the claim- This step is carried out by the employer and they need to ensure that the form has all the necessary supporting documents. Also, they need to take the medical reports from the injured employee before filing the claim.
4. The insurer proceeds with the claim- Based on the application, the insurer might approve or deny the claim. If it is approved, the insurer will be informing the employer about the payment details. Here the employee can either accept what is offered or go forward with a negotiation to get a better claim settlement. If it is denied, the employee might ask for reconsideration or seek for a lawyer’s help.
5. The employee resumes working- Upon recovery from the injury, the employee returns back to work. They are then required to provide written notice to both parties; the employer and the insurer about them resuming the work. It depends on the injury where the insurer might be paying the employee permanent disability benefits. In most of the cases, at this stage, the employer aims at getting their employee back to complete productivity as soon as possible. For this, the employer might also arrange programs like worker modified duties, training programs or other skills that would motivate them to take up their regular work responsibilities.
Hiring a Workers’ Injury Attorney
If you are planning to represent your workers’ injury case in court, you should first understand whether you are capable of handling all the procedures that follow the case. You may be well versed with the worker’s compensation rules, but you cannot decide to not hire an attorney when you are injured and in need of continuous medical attention.
The right time to proceed with the workers’ injury claim case without legal help is when,
- Your injury is minor and it will not require more than a few stitches here and there.
- Your employer agrees that you were injured while on the working site.
- You did not miss any work because of the injury.
- You are not suffering from any pre-existing medical condition and the wound from the work injury is the first time that you are injured in any particular body part.
Applying For the Workers’ Compensation Claim
Here are some instances that can make you apply for the workers’ compensation claim legally.
- The employer denies that the injury occurred in the workspace.
- The employer tries to drag the compensation claim without any reason.
- The work injury may put you to bed permanently and thereby making it impossible to work anymore in your life.
- The insurance company will not cover the treatment for the injuries that are caused in the workspace.
- The medical insurance denies sanctioning the claim
- The settlement that is offered by the insurance company will not cover the overall charges and wages of the medical aid.
- You are already suffering from a pre-existing condition.
Many such instances will make it necessary for you to apply for the workers’ injury compensation claim. You can understand how the procedure works and can get legal help to make the procedure easier for you.