Filing a Workers’ Compensation Claim after Being Hurt on the Job
Workers' compensation is a form of insurance that provides wage replacement and medical benefits to any employee that gets injured in the course of their employment. In most situations, it is a requirement for employers to provide workers’ compensation to their employees.
If you get hurt at work it is important to report the workplace injury as soon as possible to make sure the benefits are not interrupted or delayed. After the initial injury report, you have one year to file a workers’ compensation claim. The injured worker should be as specific as possible when first reporting the accident, such as including names of witnesses, location, cause, and time of day of the injury. Next, the injured employee may be required to submit to a medical examination by his employer. After that evaluation however, the employee is entitled to treat with his own choice of physician.
Some “Independent” Medical Examinations for Workers’ Comp May Be Biased
A doctor’s testimony on the claimant's injuries can greatly influence the amount of benefits awarded. To receive workers’ compensation, claimants must receive an independent medical examination or insurance medical exam (IME) by a doctor of the company’s choosing. Insurance companies often use this as a means to limit payouts and liability. Sometimes, assigned doctors can work with insurance companies and deny the existence of an injury or wrongfully clearing an employee to return to work. Injured workers seeking a second professional medical opinion may switch doctors only once.
To ensure that you are receiving a proper examination, it is important to have an experienced workers’ compensation attorney guide you through the process.
Types of Workplace Accidents We Handle, From Baton Rouge to New Orleans to Shreveport
Some of the common types of injuries our attorneys handle include:
Such job-related injuries may be the cause of unavoidable accidents, insufficient training, faulty machinery, or hazardous working environments. However, under workers’ compensation, employees are not required to prove the reason that their injury occurred, as workers’ compensation is a no-fault system that compensates injured workers without regard to negligence or fault.
Workers’ Compensation FAQs
What is a “work-related” injury?
These are injuries caused by workplace accidents or directly relating to the nature of a person's occupation. Any injury sustained in the course of doing your job can potentially be a work-related injury and must be treated as one.
What benefits am I entitled to?
You are entitled to necessary medical testing and treatment, as well as rehabilitation services and prescription drugs. You may also be eligible for “wage and hour claims,” payments for time missed because of the accident and other considerations.
Who pays the Workers’ Compensation Insurance?
It is entirely paid by your employer. There are no payroll deductions made.
How much of my wages are covered?
Your employer is responsible for recovering most of the wages lost during unplanned time off as the result of a work-related injury.
Can I sue my employer?
You cannot use the workers’ compensation procedure to sue your employer, but if you think that a third party had any responsibility for your accident, you can file a lawsuit against them.
What if my employer refuses to report my injury?
You may report a claim directly to the insurer in this case.
Dudley DeBosier has an extensive record of getting clients their due in workers’ compensation cases, as well as a record of successfully appealing denied workers compensation claims. Call us today or fill out our free consultation form below.
Get a Free Initial Consultation