What is the process of filing of a workers’ compensation claim and receiving benefits?

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If you are injured on the job, regardless of whether it occurs at the workplace, you can file a workers’ compensation claim. In most cases, you are eligible to receive benefits even if an accident or a mistake that you caused resulted in the injury.

Your first step should be to contact your employers’ insurance company and begin the process of filing a claim. The sooner you file a claim, the sooner you will begin receiving benefits. Hopefully, your employer will be sympathetic and cooperative and will help to expedite your claim. If you sense excessive obstinacy on your employer’s part, or if your employer intentionally caused the injury, you could contact a workers’ compensation attorney, but this is the exception to the rule. In most cases, by filing a claim, you are foregoing your right to sue your employer for damages arising from the injury.

After you file a claim, the insurance company will refer you to its contracted doctor, who will examine your injuries and give a recommendation for benefit payment. Benefits include a substantial portion of replacement income (usually around 2/3 of your regular pay, tax-free), as well as medical expenses and vocational rehabilitation.

If a work-related injury leaves you permanently disabled, it is especially important for you to begin the paperwork as soon as possible because disability is far more complicated than short-term workers’ compensation. Permanent disability is any injury that prevents you from doing any substantial work for more than one year. You receive more benefits with an approved disability claim, but you have to jump through more bureaucratic hoops to receive your benefits.



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