Have you experienced a workplace accident? Injured employees contact me frequently with a variety of questions regarding worker’s compensation claims. Below is a list of answers to commonly asked questions. Because being injured takes your entire focus, it is better to understand the worker’s compensation process prior to any injury occurring. Once injured, retain an experienced worker’s compensation attorney immediately to protect your rights, employment, and livelihood.
Do I Have to Report All Accidents?
You should. If you do not report an accident, your employer can deny the claim later or challenge whether it occurred in the workplace. Delay in reporting can also lead to difficulties in gathering evidence. Of course, the problem is that not all accidents immediately seem serious enough to report, and only become serious as a medical condition later develops. Kansas has struck a balance and requires employees to report any accident within 30 days. While you have 30 days, report all accidents immediately.
How Do I File a Worker’s Compensation Claim?
Employers must provide you with a worker’s compensation claim form. You simply fill out the appropriate section and return it to your employer. Your employer will complete the form and submit it to its insurer. If the claim is timely filed and there is no dispute about it, the claim will simply be paid out.
However, if your employer disputes your claim, you will have to request a hearing from the local worker’s compensation office. If you are forced into taking this route, it is vital that you contact an experienced worker’s compensation attorney to help you receive payment for your claim.
What Sort of Documentation Should I Keep?
Like all legal claims, a worker’s compensation case is document intensive. As the old saying goes, “if it isn’t documented, it didn’t happen.” Make sure you retain a copy of the claim you filed and any report or investigation into the accident. Keep careful records of all of your doctor’s appointments, test results, and communications with any third party—especially your employer and any insurance company—regarding your injury. Make sure communications with your employer or insurer are done in writing, with email being an acceptable option.
Can My Employer Make Me See Their Doctor?
Your company can mandate that you see their doctor for an evaluation, which is called an Employer Medical Evaluation (EME). This is a one-time evaluation. You have a right to be treated by a doctor of your choosing, so long as you exercise that right within six months of being injured.
The EME is an opportunity for your employer and insurer to document an injury to one its covered employees. While you may not want to undergo an EME, the important thing to understand is that it may be a mandatory part of the worker’s compensation process and that you should honestly characterize your condition and symptom to the physician examining you. Exaggerating claims about your condition will not help your case and will likely come back to haunt you.
What Should You Do if You Have Been Injured in the Workplace?
If you have been injured in the workplace, you are likely trying to heal and get back on your feet, literally. You should contact an experienced worker’s compensation attorney immediately so that he can relieve you of the stress of dealing with the legal aspects of the claim. While this is a legally complex process, it is one that can quickly compensate you for your injuries if handled correctly.
Call Barrett Law now, an experienced Mississippi worker’s compensation firm, to represent you if you are injured at work.
Barrett Law has the experience to protect your health, your livelihood, and your income. Contact us now at (800) 707-9577, to get experienced worker’s compensation counsel on your side.
