If you have been injured at work, first seek medical attention, and then as soon as possible be certain alert your employer or immediate supervisor about the injury and that you wish to file a claim. This is always the first step. From there you should seek legal assistance from an experienced attorney to help you with the remaining process and enure your best interests are a priority.
Every state has their own unique guidelines for filing a claim, and it can also depend on what state you work in and which state you live.
In many instances the state uses a private third party insurance company to handle claims for workers compensation. Usually the injured employee or their employer will file the specific forms directly with the insurance company. In these cases the claims are mediated by the state’s review board when a claim is either denied or requires more information and investigation.
If your state has their own worker’s compensation program, you or your employer will file directly with this review board. In these cases the state decides on the qualifications of the claim or directly requests more information to proceed.
It is standard procedure for you to be asked to undergo an Independent Medical Examination (IME) with a doctor chosen by the insurance company. The doctor will share the results with the insurance company and it will be used to assist with their determination process of whether or not the claim is valid.
In all cases, if you are denied you still have the right to appeal. Speak with one of our attorneys for a free consultation to help determine if you should appeal a denial.
