As an employee, we are
expected to perform at our best and gain profit for the company that we are
working for. In return, our employers are required to compensate us with our
salaries and benefits; however, aside from these straightforward
responsibilities of our employers, we are also entitled to “workers’
compensation” is a set of law that outlines specific compensations which
an injured employee is entitled to claim. Workers’ compensation laws are found
on each state’s statutes and have variations for each state, aside from this,
there are also a workers’ compensation laws specifically for industries such as
the railroad industry since their employees face a different set of workplace
hazard. Although there may be differences for each state’s workers’
compensation laws, majority of the states require that all businesses must have
some form of workers’ compensation insurance to cover injured employees.
are things that you should know as an employee to successfully file a workers’
compensation claim if you suffered an injury or damage during a workplace
1. As an employee, you are expected to act in a
responsible manner inside the workplace – You are not entitled to a claim if
you were injured while violating a rule or regulation which specifically
forbids you from participating in the activity that caused your injury. Your
claim would also be invalidated if you were intoxicated or under the influence
of illegal drugs when the workplace accident took place, or if you were injured
while committing a crime inside your workplace.
2. It is your responsibility to report the injury
– If a workplace accident occurs and you are injured, make sure to report it to
your employer or direct supervisor immediately. Your employer would then need
to fill out a form, sometimes called “First Report of Injury”. Make sure that
your employer fills this form, review it to be sure of its accuracy, and
request a copy for yourself.
3. Keep all records of the accident and your
injury – Aside from the “First Report of Injury”, other documents pertaining to
the accident should be kept and guarded for future reference and need.
Documents like doctor’s records and forms you might receive from your employer’s
workers’ compensation carrier should always be available to you.
4. Cooperate with your employer’s workers’
compensation carrier – Depending on the insurance provider of your employer,
you may need to undergo examination of a doctor of their choosing. This process
is called “Independent Medical Examination” or IME and is often used by
insurance companies to make sure that all your reported injuries and its
severity are true. It may raise suspicions if you refuse to agree to an
5. Get help when handling your claim – Although a
lawyer is not required when filing a workers’ compensation claim, consulting
with an experienced lawyer on the subject may prove useful. Workers’ compensation
claims often involve a lot of benefit computation and an expert may be able to
help you compute for what you deserve and guide you through the workers’
compensation laws of your state.
Hogan Injury for assistance in your workers’ compensation claim.