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Why Should I File a Workers' Comp Claim?

Author: Tobias H. Gillot
by Tobias H. Gillot
Posted: May 03, 2020
compensation benefit

Workers' compensation, also called workman's comp, is a form of insurance that grants benefits to employees who suffer injuries on the job. Workers' compensation benefits generally include covering medical expenses to treat injuries, providing missed wages for the time the employee was unable to work due to their injuries, and any vocational rehabilitation that might be needed to get the employee back to work.

These benefits will be covered by your employer's insurance company, but it's important to note that every state is in charge of its own workers' compensation program. Premiums for employers will generally vary based on location and risk of occupation. State agencies and private insurance companies set the policies for your state. The purpose of a workman's comp is to protect both employees and the employer. By filing for workers' compensation benefits, employees give up the right to sue their employer for wrongdoing. There are several reasons injured workers should file a claim following a work-related accident.

You Need to Cover Your Medical Bills

The biggest reason to file a workers' compensation claim is to cover your medical treatment following a personal injury. As with any injury, it's important to seek immediate medical care both for your own safety and, in this case, to prove that your injuries were all results of the workplace accident. Insurance companies don't make money by actually awarding benefits, so if you delay treatment they can try to diminish your claim.

Immediate treatment also gives you your best chance at a speedy recovery. For example, receiving an orofacial pain diagnosis as soon as possible following a jaw or dental injury can help manage potentially chronic issues like headaches, trigeminal neuralgia, toothaches, or sleep problems. You shouldn't be responsible for paying for any medical costs related to your workplace injury, whether you need emergency room treatment, x-rays, magnetic resonance imaging, surgery, or even physical therapy. Workman's comp can help you get the medical benefits you deserve.

You Need to Cover Lost Wages

Time spent recovering from a serious injury naturally means time away from work, which you may not be able to afford. A workers' compensation claim can replace lost wages through temporary disability payments. These are weekly payments of your normal rate you'll receive for as long as your authorized doctor says you're unable to go to work.

You can also receive benefits from permanent injuries that either keep you away from work or alter your physical abilities. Sometimes permanent disabilities happen even with the best medical care, but that doesn't mean you have to give up on work or your quality of life. Your employer will be responsible for letting you return to work in the capacity that you're able and providing benefits for long-term disabilities.

What if Your Claim Was Denied?

States each have their own regulations for the time limit to file a claim, so it's important to do so in a timely manner either on your own or with a workers' compensation attorney. While it's possible to file and receive benefits on your own, it may prove difficult without having experts on your side. According to Rosenfeld Injury Lawyers, the best workers compensation attorneys in Chicago, insurance companies will frequently try to deny or delay claims by interpreting them in such a way that allows them to avoid paying the maximum benefits afforded under workers' compensation law.

Retaining a workers' compensation lawyer ensures that your case will be assessed fairly, and it gives you the best chance at a positive outcome. An attorney can help you file an initial claim or appeal a denial, and they generally offer a free consultation to discuss whether you have a strong case.

About the Author

A freelance writer with a BA in English from Sarah Lawrence College.

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Author: Tobias H. Gillot

Tobias H. Gillot

Member since: Oct 23, 2019
Published articles: 24

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