Dealing with a workplace injury can be highly stressful. When someone is injured on the job, they have the right to seek worker’s compensation benefits. Many workers are confused about these insurance benefits and may not understand the steps they should take if their claim is denied. With this information, injured workers will better understand what worker’s compensation benefits are and how they work.
What Is Workers’ Compensation?
Workers’ compensation is an insurance program that protects the rights of injured workers and their employers. This program pays a percentage of the wages the employee misses while they recover. It also covers 100% of the medical bills directly associated with the workplace injury claim. When someone is denied benefits, they need help from Benson and Bingham Accident Injury Lawyers.
Unfortunately, injured workers are sometimes denied the benefits they are owed by their employers. Some may also wonder, Does workers compensation cover pain and suffering? Knowing the steps to take will help injured workers get the benefits they are owed without so much stress.
What Are the Requirements for Workers’ Compensation?
Injured workers need to be aware of the requirements for workers’ compensation so they will be prepared. The following offers some of the requirements for being approved for workers’ compensation benefits when an employee injury occurs on the job. If the following five requirements are not met, the injured worker is likely to be denied benefits.
1. The injured worker must be an employee.
2. The employer must have workers’ compensation insurance.
3. The injury must be directly work-related.
4. The injured employee must meet all reporting deadlines set forth by law.
5. The injured worker must attend all medical appointments, therapy sessions, and treatments.
While the above requirements seem easy to meet, there are sometimes gray areas that allow employers and their insurance companies to deny an injured worker’s claim. When injured workers’ claims are denied, they need to know the steps to take to get help.
Should Injured Workers Get an Attorney?
In some cases, injured workers may need to get help from an attorney because they have been denied benefits. Fighting the insurance company and appealing the denial is not always easy and can bring on added stress for an injured worker.
If someone is denied a workers’ compensation claim, they have the right to appeal the decision. Depending on the state, this may mean attending negotiations or a hearing.
When injured workers are not being treated fairly, they also have the right to hire an attorney. The attorney will fight for the rights of the injured worker and work to get the employer and the insurance company to comply with the workers’ compensation laws.
The First Step Is a Consultation
The first step in the process is to have the injured party schedule a consultation appointment with the attorney. At the consultation appointment, the injured worker will learn more about their rights and the steps involved in their appeal.
Many attorneys offer free consultation appointments that allow new clients to discover information. Sometimes, these attorneys provide contingency arrangements, which means the injured worker will not pay fees unless they win their claim.
Working with an attorney allows for strong advocacy. The injured worker will have someone fighting for their rights and best interests throughout the process. Injured workers cannot be guaranteed a specific outcome, but they are more likely to receive their benefits once an attorney gets involved in the workers’ compensation claim.
It is important injured workers act quickly because time is limited. Scheduling a consultation now will help get the process started.