How Do Workers Compensation Claims Work – Few Things You Must Know

What is workers’ compensation insurance?

Basically worker’s compensation insurance is a cover for the employees purchased by their employers so that they can be covered for any employment related illness or injuries. This insurance claim is paid to the employees who suffer injuries or get ill during the work time. The insurance claim covers the medical costs or the payment for partial or temporary disability situation.

This is a benefit for all the employees working in a firm or a particular employer. Many people are still unaware on how to file for a worker’s compensation claim. Here are few important things that you must know on how to file for worker’s compensation claim. Some of them are mentioned below for your benefit:-

  • Report the injury –

The first step in claiming for the worker’s compensation claim is reporting your injury or accident. Usually an employee is required to report his accident or injury to his employer within 45 days of the accident. Although some of the insurance companies have their own time line of reporting, it is advised to report your accident or injury to your employer as soon as possible.

If you are missing more than three days of work, because of your accident, then your employer is liable to pay you temporary disability benefits and is also required to report your accident to Illinois workers compensation commission.

  • Making a claim –

Most commonly, any work related accidents are resolved between the employee and the employer. If you are not happy with your settlement offered by your employer or the insurance company, then your next step is to file a claim with the IWCC.

You can easily find forms for your claim. It is required to fill the form within three years of the accident or the injury. Once your forms are submitted, the IWCC will open up a case file and assign a case number and arbitrator.

As the injured employee, it is your sole responsibility to prove that you are eligible for San Diego workers compensation. When you have an active case, you will be called at least once in three months for status update. You can also request for a trial. This meeting will be held with all the parties involved with the arbitrator.

A trial in this case means when you have reached your maximum medical improvement and then the arbitrator will decide in your case.

  • Arbitration –

In case nobody requests for a trial, the arbitration is scheduled. Just like a courtroom trial you and your employer have to present evidence for your medical records, testimony of any witness and other necessary documents. During the arbitration the evidence is presented and is evaluated by the arbitrator. The arbitrator comes to a decision in 60 days.

If your evidence is strong to claim that you deserve the workers compensation claim, then the decision will be declared in your favor. You will have a better chance of winning the case if you hire a worker’s compensation lawyer.

Related posts