As a worker, you need to know all the rights and privileges at work. Your employer has to ensure worker’s rights towards you, which not many employees understand. And if these rights are violated, then you can voice for those fundamental rights.
Worker’s compensation claims to protect workers when they face physical injuries during their work-time while performing at the workplace—being aware of your rights and how to use them when the times can help you to act appropriately in different situations at work.
So, let’s get familiar with six essential elements of the worker’s compensation claim to strengthen your case:
Timing is critical to claim workers compensation benefits
Before filing the worker’s compensation claim, you should know that there are a specific time limit and limitations to claim your benefits. It varies from state to state, and the privileges are also varied depending on the seriousness of the injuries. A typical claim takes up 30 to 90 days and could be stretched further in some complex cases. Claims not filed in time, do get denied. So, report the injury as early as possible to insurance claim handler, and if there are any doubts, then you can hire Law Advice lawyers to get your benefits successfully.
No need to prove your employer is at fault
In worker’s compensation claims, there is no such need to determine anyone’s fault as it is considered as a no-fault program. But in certain situations, if you feel that your employer did it on purpose to harm you, then you can sue your employer and ask for a work injury claim. And indirectly, your worker compensation rights will be waived off. Also, if the employer proves that you were under the influence of alcohol at work, you will lose all claim benefits.
Fraud in workers compensation will lead to severe penalties
Worker compensation benefits are liable even if the accidents are at fault. But if you fake your injury and if through surveillance you get caught then you are definite to go to jail. Because insurance providers and employers will go through all the checks to prove that you are faking your injury.
So, don’t risk your life and try to commit workers’ compensation fraud. Even don’t exaggerate your injuries to seek higher compensation, or else you will be removed permanently from the worker’s list and additionally have to pay the fines as per stringent laws.
No Pre – Authorization required for treatment
In a worker compensation claim, there is no such rule of the pre-authorization requirement for the treatment of any injuries. It all gets comprised in the form of medical coverage because it is related to work injury. Even the insurance adjuster doesn’t pre-authorize any doctors for this task.
After the injury, you may have to work in light-duty
Yes, it is true, after your injury, if your doctor has notably told you to stick to light work to heal your wound. Then you will have to request your employer for some modification in your job work to abide by your doctor’s advice. If still the job work hampers your health and worsens your condition, then you might have to take leave till you get perfect.
Workers compensation benefits cannot just stop without any notice
Remember, if your worker’s compensation claim is accepted, and you have started receiving aids, then in the middle of your recovery phase, your insurance provider cannot stop your payment. Unless you have started going back to work or if there is any suspension of the agreement, you are not entitled to proceed with the claim. If payment stops abruptly without explanation, you can take help from reputed law firms to file petitions against the insurance company.