Easing The Litigation Experience

Some Facts You Need To Know About Filing A Workers Comp Claim

There are people who are injured at work every day. Many people who have been injured wonder if they can get workers comp. In some cases you might see someone get a great payout for workers compensation and in other cases the individual gets nothing. This is because there are some misconceptions about workers comp. Here are some facts you should know.

MYTH: So long as the accident happened at work you can get workers comp.

FACT: There are many rules that must be followed before you can get workers comp.

In order to get workers comp there are many rules that must be followed. You cannot simply say that an accident happened at work and think that it will all be covered. For example, if you had an accident, but didn't report it to the right people, it could disqualify you from getting the workers comp. You need to talk to your direct superior right after the injury and report exactly what happened. You may also need to contact HR and let them know. If your supervisor doesn't do anything about it, go one step higher. Not reporting the injury to the right people is one common reason that people disqualify themselves from getting workers comp.

Another common reason that people don't get the compensation they deserve is that they don't go to the right medical professionals. Just like your insurance is contracted with certain hospitals, doctors and clinics, so is your employer. When you see a doctor you need to be sure that they are contracted with your employer so that if you are awarded workers comp that the company will be able to pay for it. If you are out of network you may not get the chance to get it paid for. This is another reason why talking to the right people right after the accident happens is so important.

MYTH: It doesn't matter if you were at fault, the company will still pay for it.

FACT: There are some faults that will disqualify you from receiving workers comp.

In order to get workers comp you have to be able to prove that you didn't cause the accident with your negligence. If the company has done extensive safety training and you disregarded those rules, it will cause you to lose the chance to file a lawsuit. Additionally, it is important that you aren't intoxicated or impaired during the accident. This could also disqualify you.

By understanding these facts you can know what to expect with a workers comp lawsuit. 


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