The Dos and Don’ts of Filing a Workers Compensation Claim

In the United States, workers’ compensation is a system of insurance that provides benefits to employees who are injured or become ill as a result of their job. The program is administered by individual states, so the specifics vary from state to state. However, there are some general guidelines that apply in most cases.

In this article, we’ll discuss the basics of workers’ compensation and what you need to know if you’re considering filing a claim. We’ll also talk about how to file a claim and what you can expect from the process. So let’s get started!

1. What is workers’ compensation?

Workers’ compensation insurance provides benefits to employees who are injured or become ill as a result of their job. It covers medical expenses, rehabilitation costs, and lost wages for the duration of the employee’s recovery. State laws dictate whether employers must purchase workers’ comp coverage and how it’s administered, so each state has its own rules and regulations regarding who qualifies for benefits and what type of injuries are covered under the program. However, even if an employer doesn’t have to provide coverage at all, there may still be a benefit available to employees if a general safety law in that state has been violated (e.g., your company violates a safety regulation outlined by OSHA). In this case, violations of safety regulations are considered a type of workplace injury.

2. Who qualifies for workers’ compensation?

Workers’ comp is typically only available to employees, but there are some exceptions to this rule that will need to be discussed with your employer or insurer. Generally speaking, if you’re an independent contractor, you don’t qualify for benefits under the program. However, it’s possible that you might still qualify in certain circumstances if you can prove that your boss exercised control over what work was done and how it was done (e.g., requiring specific documentation). If you are injured on the job while working as an unpaid trainee or intern, then workers’ comp may also be available to cover your injury. Laws vary by state, so you’ll want to contact your state’s workers’ comp system for more information if you meet the above criteria.

3. When should I file a claim?

You may be eligible for workers’ comp benefits if: 

• Your company has purchased coverage (or is required to purchase coverage as per state law) and you’re injured on the job, regardless of how it happened or whether or not it’s your fault.
• You work as an unpaid intern or trainee and are injured while working at your place of business.

In most states, including Florida, there is a waiting period before you can file a claim, so keep in mind that the sooner you contact your employer about an injury, the better off you’ll be. You should also be aware that a claim must be filed within a specific time limit once the waiting period has ended. Your best bet would be to look for a reputable workers’ compensation attorney in Florida to help you with these details. If you meet certain eligibility requirements, then you can file a claim on your own without the help of an attorney. However, if your employer contests your claim or if you have more complicated injuries or disputes with your benefits, it might make sense to seek legal assistance from a workers’ compensation attorney.

4. What do I need to file a workers’ comp claim?

If you’re filing a claim on your own, then there are some essential forms that will need to be completed by yourself and/or by your doctor(s). The most important form for any type of injury is typically the incident report form. This document reveals how the injury happened, what caused it, and where it took place. Employers are required to provide their employees with an incident report form when they get injured at work or while working on a company-related assignment. This document is typically filled out by your employer or supervisor. It’s important to note that you can’t file a workers’ comp claim if you refuse to fill out the incident report form after being injured at work.

5. What happens when I file my claim?

Once you’ve filed your claim, your employer will be required to reimburse all of your medical expenses related to the injury that occurred at work (minus any deductible) up until the date of your last accident-related visit with any provider covered under workers’ comp. These expenses typically include doctor visits, hospital stays, surgeries, tests performed on you, medication prescribed to you after the injury, etc. If your claim is approved, then your employer will also be required to pay for some of your lost wages during the time that you are forced off of work due to the injury. This part of workers’ comp is called temporary total disability/income benefits.

6. What happens after my claim is approved?

When your claim is finally approved (after meeting all eligibility criteria), it’s likely that you’ll receive a lump sum payment equal to several weeks or months’ worth of lost wages plus reimbursement for medical expenses related to the accident. The amount that will be paid out to you depends on how long it takes for your claim to be approved, the extent of your injuries/illness, how much money you make per week, etc. It’s common for workers’ comp claims to take 6-12 weeks or longer before they are finally approved. Once your claim is fully processed, you’ll receive a lump sum payment that will cover your medical bills and lost-wage benefits until the end of your injury time frame.

7. What if my employer contests my claim?

If your employer decides to fight your claim or tries to deny you coverage because he or she believes that you weren’t injured on the job, then it’s in both your and your employer’s best interests to seek out legal representation immediately. The insurance company typically won’t pay out any benefits without first going to court. If you are successful in your claim, then the insurance company will be forced to pay your medical bills and lost wages up until the point of the judgment.

If you’re injured on the job, it’s important to know how to file a workers’ compensation claim. In this article, we’ve outlined the dos and don’ts of filing a workers’ comp claim. We also explain what type of injuries are eligible for workers’ compensation benefits and provide some tips on what to expect from the process.