How To File a Workers' Compensation Claim

If you’re seeking benefits under your state’s workers’ compensation act, filing a workers’ compensation claim for a work-related injury is critical. You must apply for workers’ compensation benefits if you’re an injured worker.

The workers’ compensation claims process requires claimants to follow several necessary steps. We provide steps to follow to file a workers’ compensation claim. Contact a local workers’ compensation attorney if you need help with your claim.

Get Immediate Medical Attention

After any work injury, you must seek medical treatment right away. Getting medical care is the first step in any workers’ compensation case. Your medical condition should receive the attention it deserves so that you can be on the road to recovery from your workplace injury.

You must always obtain medical care before filing a workers’ comp claim. Some workers’ compensation insurance carriers require injured employees to see a particular healthcare provider for a job-related injury. Ask your supervisor for more information about specific requirements relating to doctors.

Notify Your Employer

Notify your employer about your job injury within the statutory deadline. You should notify your employer as soon as you can after your injury. In Kansas, for example, you have only the earliest of the following to notify your employer:

• 20 days from the date of medical treatment
• 20 days from the date you sought treatment; or
• 10 days after the last day worked if you no longer work for the employer

In some states, 30 days is a common statutory deadline for notifying your employer.

Even if you don’t think your injury is serious, you should notify your employer of any workplace accident in case you discover an injury after the deadline expires. This way, you’ll have the date of injury documented. Notify your employer of your injury. In addition to telling your employer, you should also notify them in writing.

Complete the Necessary Documentation

Like most legal processes, gathering the necessary documentation is essential. In many states, the “first report of injury” claim form begins the formal workers’ compensation claim with your state’s division of workers’ compensation.

If your employer doesn’t provide a claim form, you should seek one from the workers’ compensation board through your state’s Department of Labor. General information required on this documentation includes:

• The date of the injury
• The location of the injury
• The time of the injury
• The details surrounding the injury
• The medical treatment received for the injury

You must complete the workers’ compensation claim form or the first report of injury as soon as possible. Once completed, submit the form to the appropriate agency in your state. The U.S. Department of Labor provides a listing of state workers’ compensation officials, including the official website and phone numbers for these state agencies.

Follow Up on Your Claim

After filing your claim, it’s wise to follow up. It’s also a good idea to keep detailed records of the following:

• Your injury
• How the injury impacts your daily life
• Out-of-pocket costs due to the injury
• Medical bills due to the injury
• Lost wages due to the injury

If you suffer a workplace injury or contract an occupational disease and file a workers’ compensation claim, you have done your part to initiate the workers’ comp claim.

Avoid Pitfalls in the Claims Process

Several pitfalls can derail an otherwise successful workers’ compensation claim. To get the benefits you deserve and ensure your claim has the best chance of succeeding, avoid the following mistakes:

• Failing to report your injury to your employer immediately
• Not including complete details about your injury
• Keeping incomplete documentation of your injury and its effects
• Failing to follow your doctor’s advice
• Returning to work too early following your injury
• Trying to handle a claim without understanding your rights

A local workers’ compensation attorney can help you avoid pitfalls in the claims process.

What To Do if Your Claim Is Denied

Workers’ compensation law allows you to file an appeal if you receive a rejection for your workers’ compensation benefits or if you disagree with your benefits. You can request a hearing to appeal a claim denial. In such cases, navigating this process can be complex. A workers’ comp lawyer can help you with your appeal.

The Lawyer’s Role in the Workers’ Comp Claim Process

An injured employee does not qualify for benefits from the employer’s insurance company because of an injury alone. You must initiate the workers’ compensation process.

Sometimes, the workers’ compensation process can be complicated. In such cases, you would benefit from legal advice from an experienced local workers’ compensation attorney. They can help you:

• Navigate the workers’ compensation system
• Understand your legal rights regarding medical benefits and wage loss
• Understand disability benefits
• Appeal a claim denial

If you have any questions about the process, a workers’ comp lawyer can help.