Workers’ Compensation Claims: What You Need To Know

workers' compensation claimsIf you are injured at work, it is critical to fill out an accident report as soon as possible. If you fail to do so, your claim could be jeopardized and possibly denied. Even if your injury was minor or your employer discourages you from filling out an accident report, it’s still imperative to do it. This will protect your own rights to workers’ compensation benefits. Always get a hard copy of the accident report from your employer. Keep it with other important documents related to your accident. These other documents include hospital bills, medical expenses, and medications.

Although filing a workers compensation claim seems overwhelming, know that you have resources to help you. Our experienced attorneys can walk you through the workers’ compensation claims process from start to finish. You’ll always know what to expect and where you stand with your case. We believe that educating our clients on the claims process and providing them with comprehensive legal support at every stage is the key to a successful claim.

Here, you will learn about everything to do with a workers’ comp claim, including time limits to file, what you should and shouldn’t do when receiving benefits, and what to do if your employer terminates you because of your claim.  After a sudden work injury, you and your family will need support to heal — both physically and emotionally. Our goal is to help you understand how workers’ comp claims work so you can prepare for the obstacles to come. If you have any questions about work-related injuries and workers’ compensation claims, reach out to us for the solid legal advice you can count on. Our attorneys are here for you during this difficult time.

Employment Termination Due to a Workers’ Compensation Claims

Employment Termination Due to a Workers’ Comp ClaimWhen you are injured at work and file an accident report and a workers’ compensation claim, the last thing you expect is to be fired. In fact, the reason your employer carries workers’ comp insurance is so it’s available for employees who are injured on the job.

However, some employers will terminate an employee for simply reporting an accident or filing a claim for compensation, even when the accident is not the employee’s fault. Firing an employee for filing for workers’ comp is called retaliation. In most states, it is illegal for an employer to take this kind of action against you after you are in a work-related accident.

In some states, however, there are laws that allow an employer to terminate an employee if they are medically unable to do their job. There are also laws that may allow employers to refuse to let an employee come back to work, even after their injuries have healed. It’s important to understand the specific laws in your state and how they relate to your case.

If you were injured at work and were fired for filing a workers’ compensation claim, don’t hesitate to contact our experienced attorneys today to find out about the laws regarding unlawful termination due to an on-the-job accident or a workers’ comp claim. We can help you learn more about your rights as an injured worker.

Workers’ Compensation Claims Benefits Termination

When you are approved for workers’ compensation, it’s easy to believe that you’re “home free” and will continue to receive your benefits for as long as you need them. However, this is not necessarily true. In many cases, individuals still under medical care have their benefits terminated by their employer without warning.

In some states, it’s legal for an employer to stop benefits without notifying the injured individual or their family. They may also be able to do so without first notifying governing bodies. There are many reasons why an employer may decide to terminate an individual’s workers’ comp benefits, including a differing medical report by a doctor selected to provide a second opinion or if the injured individual misses their doctor’s appointments.

Often, workers’ compensation insurance companies will work to get a second opinion that suggests the injured person is able to work, even if the physician treating them continues to withhold them from working, thus giving them enough to terminate benefits.

Employees who have had their workers’ comp benefits terminated need to take swift legal action. If you had your benefits cut off, there are options available, including but not limited to negotiating the reinstatement of benefits, requesting an independent medical exam, or obtaining additional medical information to refute claims that you are well enough to work.

Contact our experienced workers compensation lawyers today to learn more about what your rights are after having your benefits terminated unexpectedly. We can help advocate for your right to compensation.

What to Do When Receiving Workers’ Compensation Claims Benefits

What to Do When Receiving Workers’ Comp Claim BenefitsWhat you do when you are receiving workers’ compensation benefits can have a significant impact on whether or not you continue to receive benefits. Insurance companies are not above hiring private surveillance, including video surveillance, to ensure that you are not doing anything you claimed you’re unable to do.

Video surveillance may seem like an invasion of privacy and it is. While it can help insurance companies identify people who are fraudulently receiving workers’ compensation benefits, most of the time, it’s an unwanted and unnecessary intrusion. However, in cases where individuals receiving workers’ comp benefits were found to be engaging in activities that they had previously stated they could not, criminal charges have been filed in addition to the loss of benefits.

If you are receiving workers’ compensation benefits after being injured at work, it’s critical that you adhere to the recommendations your doctor has made for you. If your physician has prohibited you from activities like heavy lifting or strenuous exercise, you should avoid those activities. When you find that you can consistently go beyond the limitations your physician has set for you, let your doctor know so that you can be re-examined and potentially be cleared to return back to work.

Under no circumstances should you work while on workers’ compensation, even under the table or part-time, with the exception of work you are able to do with your doctor’s clearance? That income should be reported to the governing bodies in your state.

Contact our experienced workers’ compensation attorneys today to learn more about what you should and should not do while receiving benefits to protect your rights.

 

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