A workplace accident can cause lasting effects for an injured employee, and it can be difficult for clients to get the medical care they need for recovery. To maximize the chances of obtaining fair compensation for on-the-job injuries, clients of chrisrichardattorney.com should follow certain steps and consider the below factors when filing a claim.
File a Notice Immediately
Right after a workplace incident, the injured worker should notify the company’s workers’ compensation insurer by filing a Form 18, or Notice of Accident. From the date of filing, the company has just 30 days to accept or deny the claim or ask for more time to complete the investigative process. If more than 30 days pass and the client has not received a response, they should consult Workers Compensation Attorneys who can advise them.
Get an Independent Medical Exam
At any time, if the client is not satisfied with the care they receive from the company doctor, they have the right to an independent medical exam. The law says that the insurer has the right to direct medical care, but the client has the right to seek other opinions. To get an independent medical examination, the client should make a written request through their attorney.
Get Verification of Correct Disability Wages
As long as the client meets the burden of proof regarding the disability’s impact on their ability to work, the insurer will issue a weekly check. Once payments begin, they should equal two-thirds of the employee’s average weekly wage over the past year. If a client worked for less than one year, the calculation is more complex and they should seek advice from a workers’ compensation lawyer.
Protect Against Retaliatory Discrimination
An employer cannot fire a worker because they have filed a claim. Laws protect workers from retaliatory discrimination, but it is very hard to prove because most areas have “at will” employment. Here, an employer can hire and fire without cause. If a person suspects they may be fired because they cannot work due to an on-the-job injury, they should consult an attorney who can protect their rights and offer legal advice.
Knowing the laws on workers’ compensation is critical in getting the right treatment after an injury, especially if the disability is permanent and the person can no longer work. Experienced Workers Compensation Attorneys can help clients get the assistance they need and ensure that no benefits are missed. You can also visit them on Google+ for more information.