Workers’ Compensation Claim

In This Section:


How to File a Workers’ Comp Claim

Workers’ compensation laws are set up to cover injured employees whether it is due to the employer or employees negligence. There are several remedies one can take to get the proper benefits defined by law if their claim is denied by the insurance company or the employer. An injured worker should consider taking action if they feel their benefits are being underpaid, medical bills are not being reimbursed, or if a claim is being completely denied. If your employer refuses to pay your claim they will file a “Notice of Controversy” (NOC). The NOC should say why they are disputing your claim. Once you have received this NOC you should begin taking steps to remedy the situation.

Individuals can go to their state’s workers’ compensation board. The board can provide troubleshooters to help with any problems that might arise. If the troubleshooter cannot solve the problem, then the claim is usually sent to mediation. Both parties must attend mediation. The board can provide you with a workers advocate that will attend this mediation with you. If the result of mediation is not satisfactory to either party they may call for a hearing. The laws in each state vary and this example might be a little different in each state.

Injured workers may also seek legal advice from an attorney. It’s important to get a competent attorney with adequate experience and knowledge in you state’s laws, as well as your industry. Before selecting an attorney, ask how many cases they’ve actually tried, how much of their practice is devoted to workers compensation law, and how much of the staff will be dedicated to your case. Go over the attorneys qualification, education, and experience. You might consider getting an attorney even if you are currently receiving workers compensation benefits to make sure that you are getting the maximum amount possible under the law.

Types of Workers Compensation Claims

(Assault) Claims

(Bodily Conditions and Reactions) Claims

(Contact with) Claims

(Exposure to) Claims

(Falling) Claims

(Traffic and Vehicle) Claims

(Miscellaneous) Claims