How to Fight For the Full And Fair Worker’s Compensation Benefits You Deserve


Many workers are injured on the job every year and some are even killed, regardless of the industry they work in. Some jobs carry a higher risk of injury over others,  however, the good news is that most employees are covered under the workers’ compensation insurance. Each employer must have this kind of insurance to cover the injured workers’ medical treatment and lost wages.

A workers’ compensation scheme is a no-fault system, and it is designed to cover each worker, while at the same time protect the employer from lawsuits. Therefore, if you are injured at work, you must get maximum compensation. Unfortunately, the insurance companies or the employers may not be willing to pay full settlement for different reasons. Read on to learn how to fight for the full and fair worker’s compensation benefits that you deserve. 

Report Your Injury

You must immediately report your injury to your supervisor when you are hurt on the job. You must ensure that your manager records the case in the accident book. If you cannot report on the same day, make sure that you should do so within 30 days of the incident. You may lose the right to get workers’ compensation benefits if you fail to notify your employer about the accident.  

After reporting the injury, your supervisor should give you the workers’ compensation forms that you need to complete. The employer is responsible for handling your compensation claim process. After submitting the forms, the manager should mail them to the local workers’ compensation office for processing.  

Get Medical Treatment

You must seek medical treatment after the injury at work. You can visit a doctor listed by your employer or visit an independent physician to receive medication. However, you should get authorization from your employer before you go to a doctor of your choice. The doctor will write a medical report that is used to determine the compensation you should get. 

It is vital to follow your physician’s instructions so that you get full benefits. The insurance company may suspend or decline your compensation claim if you fail to follow the physician’s orders. Your doctor will also communicate with your employer’s insurance company notifying them if you have fully recovered to return to work. 

Consult a Workers’ Compensation Attorney

While the employer handles your workers’ compensation claim, it is a good idea to consult an injury lawyer to help you fill out some forms. The experts behind explain that some people take the compensation claim process for granted assuming that their employer will handle everything for them. However, this might not be the case since insurance companies may reject other claims. Therefore, you should enlist the services of an experienced injury attorney to help you with your case.    

Negotiate a Settlement

When you submit your workers’ compensation claim through your employer, the responsible insurance company will determine the settlement amount to award you. When you are presented with the offer, it’s either you accept or decline it if it is not satisfactory. If you feel that the benefits that you have been offered are insufficient to cover your medical expenses, you can negotiate with the employer or insurance company for a better settlement. However, you need to engage a professional injury lawyer to handle your case.   

Appeal a Denial

Many employees often encounter some challenges with their employers concerning full payment of benefits when they are injured at work. If you are denied full settlement, you can request a hearing with the worker’s compensation board to review your claim.  If you are granted a hearing, the board can offer you a better settlement.

How to Fight For the Full And Fair Worker's Compensation Benefits You Deserve

Alternatively, you can try to pursue your claim outside the worker’s compensation route. You can appeal the denial of your claim at the court of law where a judge will preside over your case. However, the litigation process is not easy as it may sound. Your attorney should represent you in every stage of filing your lawsuit to increase your chances of getting a better settlement. Expert lawyers know how to handle court cases, and they also understand the evidence that you should present to get fair benefits. You must also be clear about the deadline to file an appeal. If you miss the statute of limitations, you may lose your legal right to get the compensation you deserve. 

Workplace injuries are common and are caused by different factors. If you are injured on the job, you are entitled to get workers’ compensation benefits. All employers must have workers’ compensation insurance to cover their employees in the case of work-related injuries. To get the settlement that you deserve, you must report the accident to your supervisor and get medical treatment. It is essential to seek legal advice from a professional injury lawyer to increase your chances of getting full and fair workers’ compensation benefits for your injuries. 

Written by George K.

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