Did you know that a worker is injured on the job every seven seconds? If you have recently been injured in your workplace and are now looking at filing a workers’ compensation claim, you are in the right place. We have put together this guide to share what you must know about filing a claim and the workers’ compensation process.
Keep reading to learn everything there is to know during this process.
1. No Need to Prove Fault
Sometimes people are under the impression that they have to prove that the employer was at fault in order to receive compensation, but this is not the case. You really do not have to prove anything in order to qualify for compensation. In the United States, worker’s compensation is looked at as a no-fault system.
This is why we highly recommend hiring workers’ compensation lawyers with experience because they are able to navigate the legalities and inform you of your rights. They will ensure that you are not only compensated for your physical injuries but also any financial stress that this injury has caused and will cause in the future.
2. Report Your Injury
A major key to receiving compensation is to not delay in reporting your injury. In some states you have a short window to file your report, so make sure that you are aware of the worker’s compensation laws in your area.
If you fail to report the injury your entire claim will run the risk of getting denied. You will hurt your case the longer you wait to report your injury.
3. Retaliation Is Illegal
Something else to keep in mind is that every state has laws in place that will prohibit an employer from firing an employee because they filed a workers’ comp claim. Employees are sometimes afraid of suffering consequences because they seek compensation but the truth is that retaliation is illegal no matter where you live.
4. Negligence Lawsuit
Once you receive compensation for your injury, you waive any rights you had to sue your employer. Although you waive these rights it does not mean that you can’t file a negligence lawsuit against a third party. For example, if you got hurt because of a piece of equipment that malfunctioned or because of equipment that was defective, you can bring a case against the manufacturer of the equipment.
This would be extra compensation in addition to the worker’s compensation you received from your employer.
Now You Know Everything There Is to Know About Filing a Workers’ Compensation Claim
We hope that now that you are aware of what you have to know about filing a workers’ compensation claim, you can make informed decisions and not feel as overwhelmed during the entire process.
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