how to procede with a workers comp claim without an attorney

As a general rule, you may be able to get by without an attorney if all of the following statements are true:

• You suffered a minor workplace injury, such as a twisted ankle or a cut requiring a few stitches.
• Your employer admits that the injury happened at work.
• You missed little or no work due to your injury.

Full Answer

What is workers’ compensation?

What types of things does workers’ compensation cover?

Do I need a lawyer to file a workers’ injury lawsuit?

What is workers’ compensation?

Workers’ compensation, also known as workers’ comp, workman’s compensation, and work injury compensation is when an employee receives financial compensation or assistance after they have been injured or become ill due to a work-related incident.

What types of things does workers’ compensation cover?

The specifics of what workers’ compensation can (or must) cover will depend on the state in which you work.

Do I need a lawyer to file a workers’ injury lawsuit?

Filing a lawsuit against your employer and/or their work comp insurance provider may sound like a career-threatening choice, however, if they are not providing the compensation or assistance they are legally required, then you must take action.

How long does it take to file a claim for an injury?

There is a stark difference between reporting an injury or illness, and filing a claim. While most states allow at least two years to file claims — others are substantially more restrictive — time to report the incident to your employer is far less generous, usually between 30 and 60 days.

What happens if you get injured on the job?

More forms will be involved; make certain they specify you were injured, or became sick, on the job, and that the setback happened in the workplace.

How to find out if your employer is covered?

To find out if your employer is covered, search online for your state and the phrase “workers compensation verification”. Most states will have a database which displays whether your employer is insured, the name of the insurance company and the policy number. It’s also prudent to know whether you are covered under that plan.

How long does it take to hear from a disability claim?

Generally, however, you should hear within two to three weeks after your documents are submitted .

Do you have to notify your employer when you get hurt?

Assuming your early due diligence satisfied that your employer is a participant and you are covered for workers comp benefits you must, at your earliest convenience, notify your employer when you get hurt .

Do doctors need to file workers comp?

Your employer may supply it , but most states also require doctors’ offices and emergency rooms to keep filing forms on hand. A last resort is to contact your state workers compensation office for the form and, possibly, guidance about how to fill it out.

Do employers have to provide workers compensation?

At the risk of being late to the party, it’s a good idea to know — while you’re still hale and hearty — whether your employer is obliged to provide workers compensation. Most employers are governed by individual state plans and must provide it to their employees.

There Is No Need To Guess

Do not guess as to what your rights and obligation are. It is not going to cost you anything to talk to an experienced attorney to find out exactly what your rights are.

Communicating With the Other Side

When you are contacted by the other side, (the workers’ compensation insurance carrier or an attorney working for them), you may not know whether you should talk to them or what you should and shouldn’t say.

Why do workers comp cases end up in court?

The 1% of cases that end up in front of a workers compensation judge get there for one of two reasons: The insurance company has denied the worker’s claim for benefits. There are difficult legal issues involved that fall into gray area’s of the law and the two sides want a judge to decide.

What is the first step in the settlement process with an injured worker?

The first step in the settlement process with an injured worker begins after the doctor treating the case declares the patient to be “as healthy as he is going to get.” That is referred to as Maximum Medical Improvement – designated as MMI – and understanding it is vital to everyone involved in workers compensation.

How many workers compensation cases are settled during mediation?

There is not definitive survey to verify this, but both Judge Sojourner and Pitts agreed that 99% of workers’ compensation cases are settled during mediation.

How long does it take for a workers comp hearing to end?

It can end in a matter of days (unusual) or a matter of months (usual). The timing difference in the two is usually the presence of a lawyer. People on all sides of workers compensation hearings agree that having a lawyer involved is a good thing.

Why do we need a workers compensation mediator?

The reason for workers compensation mediation is the two sides can’t agree on a settlement, so they bring another adult in the room and hope everybody is ready to get this matter resolved. The mediator’s job is to act on behalf of both sides and push the process toward a settlement.

What does MMI mean in a work injury?

MMI does not necessarily mean the employee is 100% healthy or even back to where he was before the injury. If you severely injured a shoulder in a work-related accident or suffer with a chronic illness because of your work environment, obviously you won’t be back to 100%.

How many mediators are there in workers compensation?

There is one mediator assigned to every workers compensation judge. However, if the case has some difficult issues and large amounts of money are involved, the two sides could agree to hire a private lawyer to mediate the matter.

Why Would You Cancel a Workplace Compensation Claim?

If you suffered an injury on the job in California, you may initially file a claim with your workers’ compensation insurance and later change your mind. People decide to cancel or withdraw their claims for a number of reasons. Perhaps you believe you do not have sufficient evidence to prove that your injury was work-related or maybe you believe that it is not serious enough to go through the workers’ compensation process for. Maybe you do not want to undergo this stressful process at all.

How long do you have to wait to hear from the court about a workers compensation claim?

Finally, wait 30 days to hear from the court. You may need to appear at a hearing to withdraw your claim. If you suffered an injury in the workplace and want to cancel your workers’ compensation claim, contact a workers’ compensation attorney as soon as possible.

What can an attorney do for you?

Your attorney can discuss the facts of the case with you and help you determine if you could claim compensation based on available evidence, as well as find additional evidence. If the process is too overwhelming, your attorney can handle the litigation on your behalf.

How to cancel a claim on a health insurance policy?

First, send a written letter to the insurance company and your employer to let them know that you want to cancel your claim. You do not have to justify why you want to withdraw. Wait 30 days for the company to respond to your letter.

What is the work comp system in California?

California’s Workers’ Compensation System. Workers’ compensation claims in California operate on a no-fault system. This means that you do not have to prove that your employer acted in negligence in order to receive compensation. All you need to prove is that you suffered an injury that was related to your work.

How long does it take to get a motion to withdraw a claim?

Finally, wait 30 days to hear from the court. You may need to appear at a hearing to withdraw your claim.

Does California offer workers compensation?

Suffering an injury in the workplace can be damaging to your body and to your pocketbook. Luckily, California offers safety nets in the form of workers’ compensation to help you pay for your injuries and collect wages even after you take leave from work.

How to stay empowered at work?

When it comes to staying empowered in the workplace, start by understanding your rights, especially when it comes to workplace injuries and illness. You should also do everything that you can to stay safe and prevent injuries on the job site.

Can you get workers comp if you have an injury?

If you’ve ever been the victim of a workplace illness or injury, you may be entitled to benefits that you don’t even know you have. Many employees feel shocked to learn that worker’s comp may cover everything from medical care to lost wages.

What is workers’ compensation?

Workers’ compensation, also known as workers’ comp, workman’s compensation, and work injury compensation is when an employee receives financial compensation or assistance after they have been injured or become ill due to a work-related incident.

What types of things does workers’ compensation cover?

The specifics of what workers’ compensation can (or must) cover will depend on the state in which you work.

Do I need a lawyer to file a workers’ injury lawsuit?

Filing a lawsuit against your employer and/or their work comp insurance provider may sound like a career-threatening choice, however, if they are not providing the compensation or assistance they are legally required, then you must take action.