Getting hurt on the job can leave you wondering what your options are. How will you pay the bills while you're off work? What about medical expenses? If you're thinking about filing a claim, here's what a job site accident lawyer would tell you should be your priorities.
Reporting the Incident
As soon as your condition is stabilized and you're in a position to address the issue, you should report that something happened. Many businesses have someone on staff whose job it is to keep tabs on workplace injury claims. If the company you work for doesn't, then identify your most immediate supervisor and inform them of the injury. This will initiate a process of documenting what happened.
Do not depend on the company to get the details right. Begin maintaining a written log of the incident and the handling of it as soon as possible. Include the time and date of when you reported what occurred. You should also make a point to note everyone who you spoke to about the incident, who assisted you, and what your recollection of it is. The best evidence a job site accident lawyer has to work with in many cases comes from the small details.
Know the Filing Process
In most states, workers have between 30 and 90 days to get the initial report of a possibly compensable injury down on paper in a report. From the time that paperwork is delivered to the company, workers typically have between one and three years to decide whether they want to pursue a claim.
Once a full-on claim has been submitted, the employer and the insurance carrier for the company have between 12 and 21 days to decide whether to accept or reject the claim. If they fail to provide a response within the required timeframe, the claim is deemed to be accepted.
In some states, the timeframes used are from the date of the incident itself. In a few states, such as California, the clock for a claim starts from the time the worker discovered that they were hurt.
Handling a Rejection
One survey showed that nearly 50% of workers who eventually got compensation have had their claims rejected the first time around. You have the right to seek an appeal hearing with your state's board, although an arbitration clause in your employment contract may require you to first talk with the insurer.
Share25 January 2019
When I sued a product manufacturer after a disfiguring accident, I never expected to actually go to court. I assumed that the case would eventually be settled, like most personal injury cases are. To my surprise, they wouldn't budge, and we ended up having to go all the way to court. I was pretty nervous about testifying, but I had a great attorney that prepared me well, and everything went smoothly. In the end, the jury saw things my way. I realized that I probably wasn't the only person to ever experience an unexpected day in court, and that's how I got the idea to start this blog. If you're looking for tips to help you prepare or wondering what to expect when you go to court for a lawsuit, this blog contains important information for you.
