Q:

What Should I Do if I’m Injured on the Job?

A:

You should immediately report the injury to your supervisor, and if possible, in writing. Submitting a written report of the incident is the most secure way to ensure that your request for workplace compensation is met by your employer. A short filing deadline, or statute of limitations, might apply to your specific injury and hinder your ability to receive compensation from your workplace. Therefore, filing immediately should be of your utmost concern and will secure your legal rights toward receiving workplace injury compensation.

Q:

How Do I File a Workers’ Compensation Claim?

A:

The process for filing for a workers’ compensation claim is similar to other kinds of insurance claims. The first thing you should do when filing a workers’ compensation claim is to notify your employer. Until a claim form is officially submitted, your employer is under no legal obligation to provide benefits. Some states require employers, doctors’ offices, and hospital emergency rooms to have these forms on hand. If they do not, you can download a copy here for Missouri, and here for Kansas.

Your employer should then complete the employer section of the claim form and submit to his workers’ compensation insurance company. Your employer should give you a copy of this form. Request a copy if you do not receive one and keep it for your records. The insurance company will then send you a status letter about your claim. If you do not receive one within fourteen (14) days, you should contact the insurance company immediately.

Q:

Will I Need a Lawyer?

A:

The involvement of a lawyer in your case depends on the complexity of the incident. However, considering the nature of the claim, your health and well-being, hiring a lawyer to at least look over your case and give counsel should be your number one priority. Even if your case does not go to trial, having an experienced workers’ compensation attorney review your claim and case beforehand can help expose weaknesses and identify correct legal handling of the claim by both employer and employer’s workers’ compensation claim insurance company. If you are to appear before an administrative or court judge, you should immediately contact my office.

Q:

What if My Claim is Not Enough?

A:

If you are a federal employee covered by FECA, the following will apply: You may request an oral hearing or review of the written record from the Branch of Hearings and Review. Additional oral and written evidence in further support of this claim can also be presented and reviewed. You may also submit a written consideration of a decision by submitting a written request to the District Office which issued the decision. The request must be accompanied by evidence not previously submitted.

If reconsideration has been requested, a hearing on the same issue may not be granted. You may also request a review by the ECAB. Because the ECAB rules solely on initial evidence, no further evidence may be submitted. You may not file through the state or federal system once a final ruling has been determined by the ECAB.

Please Note

If you are involved in a workers’ compensation claim dispute or have been the victim of discrimination in the workplace, there is no better alternative than speaking with an attorney. Websites and advertisements can never identify the nuances of your particular case. Please contact me today for a complimentary consultation.