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When Can You File A Claim For Worker’s Compensation?

Admin - May 21, 2018 - 0 comments

If you sustain an injury while you are working, you might be wondering if the incident qualifies you to make a workers compensation claim. You have 2 options when it comes to occupational injuries. You may either file a claim or a suit. If you file a claim, you could qualify for several benefits including getting paid lost wages and even keeping your health insurance. There are certain steps that must be taken in order to receive these benefits and a workers compensation attorney Montgomery AL can help walk you through the process. 

When To File A Claim 

There are a lot of factors that go into determining if someone is eligible to make a claim. If you are an independent contractor, you will not qualify. In addition, if your employer does not carry worker’s compensation insurance, you will have to file a suit against them to be compensated for your injuries or illness. One of the most important aspects of determining if you have a case or not is the ability to prove that you were hurt because of something related to your job. If your injury was related to your position, worker’s comp insurance usually will cover it. This includes trauma, illness, diseases, and accidents that were caused by the activities you do during your job or because of being exposed to hazardous materials on the job. 

There are issues that are not covered by workers’ comp. Psychiatric issues are not covered not are injuries that are self-inflicted. If you are injured during your commute or while playing around on the job, you will also not be covered. Most importantly, if you test positive for drugs or alcohol or are not following the policies of the company, you not only will not be covered but will probably also be fired from your position. 

If you are injured on the job, it’s important to report it to your employer immediately. If you wait for too long, there is a good chance that your claim is going to end up getting denied. This is mainly because it will look like your claim may be frivolous. If the injury is progressive such as cancer or chronic illness due to exposure or even carpal tunnel, it can get complicated. Once the employee has had to start taking time off to treat the problem, the claim should usually start. 

How A Claim Is Filed 

The first step in filing a claim is to notify your employer of the injury or illness that you have sustained. This includes the type of injury, how it happened, and when it happened. Once you have notified them, you can go on to file a claim. Their insurance company will have a doctor investigate your claim and tell them the results. They will either give you an offer or try to deny your claim. This is why it is so useful to get an attorney to help make sure that your claim isn’t denied.

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