Filing a Claim

Filing a Workers Compensation Claim

You are confident that you are entitled to benefits and compensation for a work-related injury or illness. You are told you can file the claim on your own, and this is true. However, hold your horses. You might want to call us first.

Employers have insurance companies that are responsible for the payouts. Insurance companies retain experienced lawyers who are experts in denying or minimizing your claim. It is important to have an expert on your side to battle with the Employer, its insurer, and its attorney.

If you file your claim on your own, the claim will be placed on the court’s docket. It is in your best interest to make sure that your claim is foolproof by consulting with one of our lawyers.  Our lawyers can advise you as to what you can be awarded in your claim depending on the unique circumstances of your case.

Reporting your Accident

Usually, accidents should be reported within 30 days. Talk to one of our lawyers as soon as you can.  If a month or more has lapsed, do not worry. Call us and we will have a lawyer discuss your options with you. There are exceptions to the time limit or prescription. Your case might qualify for one of these exceptions, or we can work to make your case qualify.

There could be an option that you cannot see that our lawyers can use for your claim. After all, our lawyers here at Workers’ Compensation LLC has been helping employees with their claims for decades already.

We always advise you to report the injury to your employer immediately. We can also help you with that. That’s the very first step in most cases. Your employer has to know, and you must have a copy of your accident report. The date when it was reported and made known to your employer is material for your case.

Choosing a physician

You should then be asked to choose a doctor, but we would strongly advice not to pick just any doctor. Talk to us about it first. You are only allowed by the law one chance to choose your physician, and we want to make sure that the doctor you choose will be in your best interests. Never accept physicians recommended by your employer. As common sense would dictate, your employer does not want any liability. Be very careful with this.

Working with your lawyer

The moment you call us, we will begin discussing the best strategy for you. You shouldn’t be paying your medical bills if you were injured at your job. We must establish this, so you won’t have to come out of your own pocket.

Usually, upon the receipt of your Form 1008 or Disputed Claim for Compensation, there will be a status conference to select Mediation and/or Trial dates.

Discovery in your claim follows the format of other civil suits. There will likely  be Interrogatories, Requests for Production of Documents, Requests for Admissions, Depositions, Subpoenas, and others discovery tools  a civil court may require such as Expert Testimony from physicians, pharmacists, or other persons with expert knowledge on your injury or illness. You need one of our lawyers to help you establish evidence that would support your claim. There is a burden of proof, and it is naturally on you, being the plaintiff. The lawyers of Workers’ Compensation LLC will help you establish a causal connection between the accident and your injury and assist your in all phases of the prosecution of your claim.

We understand that your injury and illness is taking a toll on you and recovery is your priority. You need to get back to work, so you can continue to earn money to support yourself and/or your family. As your claim drags on, you may be without income or receiving only a percentage of the income you are used to. Again, we reiterate that hiring a lawyer will increase the chances that your claim will be approved and will assist you in resolving your claim so you can move forward with your life.

 

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