Seven Common Questions Injured Workers Have but Don’t Know Who to Ask!
You know that you should file a workers’ compensation claim if you have been injured on the job. And the health care system is designed to protect your privacy.
However, there are always situations where you may not know who to ask for information about your claim. Understanding these situations and the solutions can help you with your workers’ compensation claim.
Here are the seven most common questions injured workers want to ask their doctor or workers’ compensation specialist.
But don’t know who to ask.
7 Commonly Asked Questions about Workers’ Compensation Claims
1. Who Pays for My Medical Bills after an Injury at Work?
Most employers must provide workers’ compensation to cover medical costs related to workplace injuries. Some states also require that private insurers and government agencies maintain a fund for injured workers.
2. How Long Do I Have to File My Claim?
Filing deadline rules vary depending on the state.
However, you must file on time to preserve your claim. Many claims end p lost for not filing quickly enough.
In some states, you have two years to file a claim after your injury. But in many places, the clock starts ticking when your employer knew or should have known about the injury. And it may be much sooner.
3. How Do I Prove That My Employer Caused My Injury at Work?
Worker’s compensation laws usually protect employees from being punished for reporting job-related injuries and diseases. You must show a “causal connection” between your work duties and your illness or injury in many states. You also generally require an independent medical opinion too.
4. Can I Sue My Employer in Addition to Filing a Worker’s Comp Claim?
No, in most states, you cannot sue your employer after filing for workers’ compensation benefits. It doesn’t matter how egregious the alleged violation of the law is. You can’t sue and file for workers’ compensation benefits.
5. How Can I Fight a Denial of My Claim?
You can fight a denial of your claim by presenting evidence in court that your employer should have provided coverage. Or that they should have at least offered an alternative remedy.
In some states, the burden of proof is on the insurance carrier.
But in most states, it is up to the employee to prove that the employer should pay the claim. Consulting a workers’ compensation attorney in Burbank helps handle such denials.
6. When Can I Return to Light Duty or Modified Work Duties Instead of Being Out on Total Disability?
It depends on your state’s workers’ comp law and your medical issue.
Most states require an injured worker to be out on disability for a certain amount of time. At this point, the employer must consider returning the employee to work in a capacity that doesn’t aggravate their injuries.
In some cases, medical issues may not clear you for work duties. Your doctor is the best person to decide about this.
7. What Happens When My Doctor Says I Am Ready to Go Back to Full-Time, Heavy-Duty Workloads, but HR Does Not Agree?
Once again, it depends on your state’s workers’ compensation laws.
Some states (such as California) prohibit employers from firing employees who report injuries or illnesses to their employers. In contrast, other states permit the termination of employment at any time for any reason.
You may be entitled to benefits and should speak with your lawyer about your eligibility.
Now that most of your queries are cleared, you can remove other doubts with your Burbank workers’ compensation lawyer.