How Do I Collect Workers' Comp?

After filing, the insurer representing your employer should review it and provide written feedback, either approving or declining to approve your claim. If in doubt about whether they will do so, seek legal advice immediately from an experienced workers' compensation attorney.

2. Submit a First Report of Injury

Injured workers must file a claim within a certain amount of time after an accident, or their right to wages and medical benefits could expire. Depending on your state's laws - which you can read here, cash benefits or medical benefits could apply; medical benefits cover tests, X-rays, MRIs, surgical operations, and prescriptions necessary for healing from injuries or illnesses. Your employer might offer you a modified work program so that you can return quickly to regular duties.

If you have been injured at work, it is imperative that you notify your employer as soon as possible. In most states, injuries must be reported within a certain amount of time (for instance 30 days post-incident). Once reported, your employer must submit an official First Report of Injury form directly to either the insurance provider or workers' compensation board.

The form will collect information regarding the date, time, and place of your injury as well as a detailed account of what transpired, and any medical treatment or permanent impairments required. Based on this initial report from you, an insurer will then decide whether they accept or deny your case.

3. Schedule an Informal Hearing

At an Administrative Law Judge hearing, they will attempt to settle your dispute informally by gathering evidence such as medical records and testimony from doctors pertaining to your disability status. They will listen carefully as you explain why the insurance company has wronged you and why your side of the story must be heard.

Informal Hearings typically last 15 minutes, according to https://sbwc.georgia.gov/. If they cannot come to a resolution during that hearing, an Administrative Law Judge may either continue the informal discussion or schedule a formal hearing and send you their written decision afterward, which includes recommendations regarding your case as well as findings made during it.

Workers' comp settlements provide necessary compensation for injuries or illnesses sustained on the job, such as payments that replace part of your paycheck, medical coverage expenses, and any retraining required to return to work. It is wise to consult an attorney prior to accepting such offers from employers.

4. File a Claim Petition for a Contested Case

If you and your employer cannot reach an agreement regarding certain matters, such as how much money should be paid each week or which medical treatments you will receive, a formal workers' compensation hearing may need to take place. At such hearings, a judge will decide if you qualify for specific benefits; should he or she rule against you, appeals can be filed.

Employers should notify their employees as soon as they experience injuries to file the workers' comp claim with their insurer. It is vital that this step be completed quickly as there may be only limited time available to file your claim with them and keep records detailing your illness or injury so the insurer can ensure you receive their benefits as expected.

Once an injury or illness occurs, it is highly advised to immediately consult a workers' compensation lawyer. For instance, Murphy Lawyer can assist with filling out all required forms and complying with your state's laws as you navigate the claims process. They will advise when an informal hearing or formal Claim Petition application should be filed and ensure all relevant documents are submitted correctly.

5. Schedule a Hearing

Injury workers should hire an experienced workers' comp lawyer to represent them at their hearings. Although representation is not mandatory by law, hiring one often evens out the playing field and can make for easier negotiations with insurers and lawyers alike. Attorney fees will be deducted directly from any benefits awarded by the legislature.

At a hearing, a judge will review all available evidence and come to an outcome for your case. Often this means an immediate lump sum settlement; however, workers can opt to receive their money via structured payments instead.

Workers injured on the job should expect their cases to last several days of hearings, with both workers' comp judges and attorneys from insurance companies present, along with any witnesses requested by either side. Testifying under oath may be required before witnesses can be interrogated by insurance company attorneys who seek to evaluate the credibility of each witness present at hearings.