Filing a Workers’ Compensation Claim
Filing a Workers’ Compensation Claim: An Overview
If you have been injured on the job, you may find yourself wondering how to pay for medical care received as a result of the injury, as well as how to earn an income while you are out of work. Workers’ compensation benefits assist with both of these problems. This article will provide an overview of the steps required to file such a claim.
Visit a Physician for Treatment
If you have been injured while at work, it is crucially important that medical attention is sought for your injury. Treatment and medical issues should be formally recorded by a physician so that a claim may be filed with the employer’s insurance carrier.
Notify Your Employer
The second step in filing a claim for workers’ compensation benefits is to put your employer on notice that you have been injured while in the course of employment. Reporting the injury to your employer should be done as soon as possible if it is not possible to alert him or her immediately. An accident must be reported within 90 days—after this period it becomes substantially more difficult to obtain workers’ compensation benefits.
File a Claim with Insurance Company
After you have notified your employer, you should file a claim to receive workers’ compensation benefits. An employer should provide the necessary paperwork and file the claim on your behalf. However, if an employer is being uncooperative, does not file the paperwork, or denies that the accident was work-related, you can file a claim with the Workers’ Compensation Commission personally.
It is crucial to be aware of time limitations when filing a claim. In order to receive benefits from workers’ compensation for an injury or disease, a claim should be filed within two years, beginning at the time you notified your employer. If you are filing on behalf of an individual who passed away as a result of a fatal accident or condition, the time period to file a claim is two years from the date of the individual’s death.
An exception is present when an injured individual is mentally incompetent or a minor. In these cases, the two-year timeframe does not apply.
After a claim has been filed, an injured worker’s case will be investigated, and a workers’ compensation commissioner will determine the benefits to be disbursed. Payments can be issued for medical treatment, lost wages, and—if the injury was severe—permanent disability. If you are unsatisfied with the amount that is determined for your case, you may make an appeal for the Commission to review the case.
Injured at Work? Call Us Today!
If you have been injured on the job, the experienced attorneys at The Lovely Law Firm are happy to help guide you through the complex process of filing a workers’ compensation claim and obtain the benefits you are entitled to. To schedule a case evaluation at no charge, please call (843) 839-4111.
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The Lovely Law Firm represents clients in Myrtle Beach and surrounding areas with criminal and personal injury cases.
Firms past performance and experience does not guarantee future results. No fee if no recovery. Injury cases are handled on a contingency fee calculated before expenses from gross recovery. Costs are paid by the client regardless of outcome.
The Lovely Law Firm is located at 1053 London St., Myrtle Beach, SC 29577. Attorney Responsible Justin M. Lovely