If you’ve been injured on the job, you may be wondering how to file for workers’ compensation with an unresponsive employer. Unfortunately, this is a situation that many workers find themselves in. The good news is that you can take steps to get the process started.
Are you looking for help with your workers’ compensation case? Look no further than Rodie & Rodie PC. We’re a law firm specializing in helping plaintiffs get the compensation they deserve. We’ll work tirelessly to make sure that your case is resolved fairly and timely. Contact us today to learn more about how we can help you.
What is workers compensation?
You may not know what workers’ compensation is, but you’re likely covered by it if you work in the United States. Workers’ compensation is a system of insurance that provides benefits to employees who are injured or who contract an illness at work. The benefits often include medical costs, income replacement, and bereavement benefits. Employees’ compensation is normally compulsory in most states, so if you’re working, there’s a good chance you’re covered.
Who Is Eligible For Workers’ Compensation?
You are only entitled to file for workers’ compensation benefits if you have been injured at work or have developed an illness due to your job. When filing for these benefits, you have to prove beyond reasonable doubt that your injury happened while working.
Things to Consider When Filing For Workers’ Compensation
When you get an injury at work, you have a right to file for workers’ compensation benefits. However, there are a few things to keep in mind before filing a workers’ compensation claim. These include:
How the injury occurred
You ought to have a detailed statement of how the injury occurred. If your statement has loopholes, your claim might not go through
The severity of the injury
The severity of the injury is also something you must think about. Some injuries are minor and only require a few days to heal, while some injuries can be weeks or months to recover.
Your employer’s compliance
While most companies and employers have a detailed employee insurance and compensation policy, others may not. It is important to determine if your employer is compliant with all state regulations regarding employee insurance and compensation.
How to File For Workers’ Compensation with a Nonresponsive Employer
It’s no secret that employee injury claims reduce the profit margin of the business. This is why some employers find doggy loopholes to keep employees from claiming these benefits. If you can’t file for workers’ compensation with an employer, you can contact the state workers’ compensation board for help.
Your employer is required by law to provide you with workers’ compensation insurance. This insurance is designed to help you cover the costs of your medical treatment and lost wages if you’re unable to work.
If your employer doesn’t have workers’ compensation insurance, you may be able to file a claim with the state, and action might be taken against your employer. If your employer doesn’t have employee compensation insurance, they must compensate you themselves. If you need to file for workers’ compensation, but your employer is unresponsive, here are the steps you need to take.
1. Notify Your Employer Immediately
Once you get injured or get ill while on duty, you have to notify your employer at the earliest convenience. Some employers might deny you workers’ compensation, siting that you didn’t report the injury early enough. As a worker, you need not give your employer any excuse to deny you your rights. Depending on your state, the deadline for reporting injuries to employers ranges from 3 to 90 days. It would be best if you were informed about these legal hurdles and made sure that you are operating within the limits of the law. Most importantly, you have to report any and all injuries to the employer in written form. It’s essential to notify the employer about an injury in written form because it creates a paper trail. This can be helpful if there’s ever a dispute about when the injury occurred or who is responsible for it. This paper trail acts as evidence.
2. Seek Medical Care
If your injury is severe, seek medical attention immediately. You don’t have to wait for the claim process to end so as to visit a doctor. If your claim is valid, it’s almost certain that you’ll get the benefits. However, you have to keep a record of all the documents from your visit to the hospital. These documents must include the financial receipts from the hospital and any receipts for any other amount you spent on the injury.
3. Fill out the Workers’ Compensation Forms
Once you are fit enough, file for workers’ compensation by filling out the claim forms. You can get these forms from your employer, but you can download them from your state workers’ compensation board website if they are unresponsive.
This form requires you to fill in information about the injury, including the date it happened as well as your contact information. If you’re not sure how to fill out the workers’ compensation claim form, or if you have any other questions about the process, Rodie & Rodie PC can help. We’re a law firm specializing in assisting plaintiffs in getting the compensation they deserve.
4. Wait for the Verdict from the Insurance Company
Once you have filled these forms, you need to wait for the insurance to investigate and make a verdict on the claim. If successful, the insurance company needs to pay for all the medical costs incurred, lost wages, and any other expenses you incurred dealing with the injury.
However, if the claim is unsuccessful, you have the right to appeal the decision. If you have any questions about your benefits or the claims process, you can contact the insurance company or your state workers’ compensation board. You can also consult with a workers’ compensation attorney. They can help you understand your rights and options, and they can represent you in court if necessary.
Bottom Line
As an employee, you are entitled to full compensation should you get ill or injured while on the line of duty. In most states in the US, employers are required by law to have employee compensation insurance. However, if you get injured but your employer remains unresponsive, you can file for compensation on your own with the help of an attorney.
Here at Rodie & Rodie PC can help. We’ll work tirelessly to make sure that your case is resolved fairly and timely. Contact us today to learn more about how we can help you.