How Do I File a Workers' Compensation Lawsuit?
Did You Know?
43 million Americans have physical or mental disabilities
If you are injured on the job, you'll need to notify your supervisor and the personnel department immediately. A report of your injury must be filed with the State Division of Workers' Compensation. Failure to notify your employer in a timely fashion may be reason enough for the insurance company to deny payment of the benefits, even if you have been seriously injured.
Workers' Compensation benefits are available to you even if the injury was your fault. You'll need to provide the names of all witnesses and a description of how the injury occurred. This is particularly important in cases involving exposure to chemicals, pesticides, asbestos or other toxic substances. Once you have obtained medical care, you'll need to complete a claim form detailing the extent of your injuries and costs for the treatment. Accepting Workers' Compensation benefits does not disqualify you from other pension and disability programs.
How do I file a worker's compensation claim?
After you tell your employer about the injury, you will probably have to file a formal worker's compensation claim form with your employer, its insurance company, or even the state. Once you file that claim, you will then "enter the worker's compensation system. Worker's compensation systems differ from state to state and can be very complicated. That's why you should consider getting an attorney to help you with your worker's compensation claim.
If you were treated for your injury at either your doctor's office or an emergency room and you told them you were injured on the job, you should have been given a pink form to complete and sign. The pink form is a combination form entitled Worker's and Physician's Report of Injury . By signing that form, you were applying for Workers' Compensation benefits.
The hospital or doctor sends the original form to the Industrial Commission (ICA), a copy to your employer and a copy to the insurance company that wrote the policy for your employer. If you did not complete this pink form at the doctor's office or at the hospital, another form, entitled Worker's Report of Injury, can be completed and filed with the Industrial commission. This form will be sent to you by the ICA upon request.
Filing A Workers' Compensation Lawsuit
A lawsuit is the means provided by our legal system for a person who believes that he or she has been injured by the misconduct of another person for those injuries received in an accident. The person seeking compensation is called the plaintiff - the person or company that compensation is being sought from is called the defendant.
A lawsuit begins when the plaintiff files a document called a complaint in court. The complaint will identify all the defendants and contain statements (called "allegations," because they have not yet been proven to be true in a court of law) of what the defendants did wrong, and how that wrongful conduct has harmed the plaintiff. YOU MAY BE ENTITLED TO MONETARY COMPENSATION.
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