Know Your Rights against the Defendant in a Workers Compensation Claim
If you have been hurt or injured on the job you may be eligible for compensation for medical bills and lost wages through workers compensation, or more familiarly known as workers compensation. While you may be entitled to compensation, you will need to be familiar with your rights against the defendant to ensure that you are receiving the maximum amount of benefits you deserve. Each individual state regulates and governs workers’ comp so it is important to be familiar with your specific state’s guidelines.
While each individual state differs, there are a few points to be aware of when making a claim for compensation itself. First, you must be aware of time frames to report your injury as well as the time frame to file a claim. Your initial report of your injury should be made immediately to your employer whether or not you require medical attention at that time. The report should be made formally, in writing, and copies of the report should be kept for your records. In many states you have between thirty to forty-five days to report your injury.
Claims should be filed within the time frame allowed by your state’s laws and regulations. The deadline for claims is referred to as the statute of limitations and again will vary from state to state. Furthermore, some states begin the statute of limitations from the date of disability and not from the date of the injury. This can make a significant difference in your workers’ comp claim and is recommended that you explore your rights under the statute of limitations to ensure your claim is made in a timely manner.
Under workers’ comp you are entitled to medical treatment for an injury sustained while on the job. Many employers will pay for your initial treatment but will sometimes deny payment for subsequent treatment. The decision for continuous medical treatment must be made by a qualifying doctor who will determine the extent of your injuries and recommend a treatment plan. Your rights under the workers’ comp laws may entitle you to continuous treatment such as rehabilitation therapy or pain management for your work related injury.
In addition to medical treatment you may be eligible for lost wages resulting from your work related injury. Compensation for lost wages typically will not be equal to your full wages but the amount of compensation can ease the financial burden on you and your family resulting from your loss of income. Maximum benefit amounts are determined by the regulations imposed by your state and you should consult those regulations to ensure you are getting fair compensation.
Workers’ comp laws and regulations can be complex and hard to understand. If you find yourself struggling to understand your rights against the defendant, then it is recommended that you seek the advice of an attorney who specializes in workers’ comp cases. Your attorney will work for you and your best interest and ensure you get the compensation you deserve.