Lots of people everyday work at jobs which involve situations in which they could become injured. This is why employers are required to purchase workers compensation insurance. Workman’s comp exists in every state within the United States. In most cases the system should involve a worker who is injured or has become ill due to the work environment. Instead of suing the employer they file a claim against their employers workers comp insurance.
Workman’s comp is designed to help the worker. It is to help financially fund a worker who has been experienced some time of illness due to the work place. However, it does sometimes produce outcomes that are less than desired by the party injured or ill due to an employer’s negligence. The system is complex. It is not an easy or fast process. Many people who file workers compensation claims find it in their bets interest to work with a lawyer that specializes in these issues for help on the claim. Some unions also offer legal support to victims.
There are requirements that must be met by the employee to even be considered able to file a workman’s comp claim. The two basic necessities are as follows; the employee must have worked for a company that carried workers compensation insurance. All companies are supposed to have this insurance coverage but not all companies abided by the laws governing society. Also they must have been injured during work or have an injury specific to the job duty.
The most important step the employee can make in the claim against an employer for workman’s comp benefits is notifying them immediately that a work place injury has happened. Many workers are afraid to do this obvious step in the process because of bonuses and incentives companies often put on the number of days that a work place has been injury free. However, this is absolutely no reason to let an injury go without being reported on.
Even if an injury is extensive, if an employee fails to report it right away that gives the carrier reason to deny the legitimacy of the claim therefore denying benefits to a deserving employee. It is without a doubt the very first key element in a long and lengthy battle to gain compensation under the laws surrounding workman’s comp. It is also important to realize the longer it takes the more flags that will be raised and the carrier will look more thoroughly into the claim thinking it is perhaps fraudulent and without just cause.
Even after a worker has filed a claim with their employer there is still more work to be done to prevent any case they might have against the claim. The next step is to report the accident to the state workers compensation board in which the worker works and lives. This will make sure that all the necessary paperwork has been filled out and obtained to proceed with the claim.
It is important that an employee document the accident for their records also. Keep copies and records of all communication regarding the accident. Employers should also obtain information from the employee. It is important to describe the specific accident, the names of the people that saw it happen; when the accident occurred, under what conditions and where exactly did it occur.
This is just the beginning of a journey involving lots of documentation and paperwork. Most employers don’t ever want to get involved in such situations because they are time consuming and expensive. However, even with the best employers who offer work places that are desired it is possible that an injury occur. This is why it is important even for small companies to carry workman’s comp insurance.