Each state has its own workers compensation laws that require employers to provide their workers with insurance coverage. They can be difficult to understand. Not all employers are required to carry workers’ comp coverage but MOST are. Depending on the state, some smaller companies with a limited number of employees are exempt from having to provide coverage. Other employers may be exempt from state requirements because they have enough assets to provide intra-company insurance with benefits equal to, or better than, those provided under the state’s workers’ compensation laws. These companies are referred to as self-certified.
While you do not need an attorney to help you fill out a Workers’ compensation application or even a claim, it’s helpful to understand your rights and what you may be entitled to in terms of a settlement for a work-related accident. It would be challenging for any worker to try and quickly realize and understand all aspects of their claim when an injury happens.
It often pays to consult with an Oklahoma attorney who specializes in workers compensation claims, which sometimes end up in a lawsuit. A workers compensation attorney can assist with the application and claims process and can provide legal guidance and assistance as the process moves along. The attorney looks out for the interests of the injured party, more so than anybody else.
To ensure you get your worker’s compensation claim started off on the right track, these are the recommended steps:
1. Report the accident to the employer or supervisor as soon as possible but within 30 days. Or there is a risk that the claim could be denied. Report the injury to your employer even if you did not miss any work.
2. Visit a physician or medical group designated by your employer or their insurance company. If you see your own doctor, you may not be compensated for those medical services.
3. Your employer is required to contact their Workers compensation insurer within seven days of your report. You should then receive documentation explaining your rights and responsibilities and information about the claims process.
4. Though the intent of Workers compensation is to provide immediate medical care and compensation to injured workers, denied claims are common. A primary reason to involve legal counsel prior to filing a Florida Workers comp claim is to ensure you are filing for benefits correctly the first time.
5. The Workers compensation appeals process is often successful but can involve a lengthy delay.