Tuesday, November 15, 2011

When Filing For Workers Compensation, Timing is Everything

A tragic accident has occurred and you have been injured on the job. Your friends tell you to find an attorney and submit a claim. You've heard of workers compensation, but you don't really know what it is or how it applies to you. You quickly contact a workmans compensation lawyer, and ask them to help you understand your rights and the steps to be taken.When filing for workers compensation, timing is everything. Many claims expire if you do not file the appropriate paperwork within the legally-designated amount of time. Lawyers have a limited amount of time to submit claims paperwork to ensure you receive the maximum benefits for your injury. In some cases this can be a matter of days, in others, a month or two.In some cases, it is not possible to make your claim by the mandated deadline. If your injury requires a prolonged hospital stay, an attorney may not be able to file your claim on time. In other cases, a union representative's signature is required before the claim can be submitted. Formal filing procedures required by your employer and the government can also bite into your time limits.Next, you must establish eligibility. Does your injury qualify you to receive workers compensation benefits? Lawyers will ask you a series of questions to determine that your injury was not the result of negligence or willful misconduct on your part. When the attorney has certified that your injury was caused by a situation created or prolonged by your employer, he will then begin the process of filing your claim, beginning with the paperwork.A workers compensation attorney will walk you through the numerous forms and information required by your employers, insurance, and the government. It is extremely important to fill out all paperwork accurately, neatly, and quickly, as these are the forms your lawyer must submit for you to receive your benefits. Paperwork can include documentation of the current injury, doctor and medical reports, reviews of any previous similar injuries, and any past compensation insurance claims. Attorneys will help you obtain the documentation required, and help you understand the claim process as you move through it.One all the paperwork is filled out and the claim is submitted, your attorney will be notified if your claim has been accepted or denied. A denied claim can be based on several factors: a previously existing medical condition related to your current injury, and evidence that you did not seek proper medical treatment, or that you did not seek treatment at all. Lawyers can help you draft your appeal letter requesting to have your claim re-evaluated. If your attorney can help you prove that you met all the criteria, you may be able to win some partial or even full benefits.Filing for workers compensation can be a long process; it may take months to receive your benefits if your claim is accepted. Contacting a workers compensation lawyer can help you navigate the legal maze to ensure you receive the proper compensation for your injury.

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