What You Need to Know About Your Rights in a Workers' Compensation Claim

Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of their employment. This insurance is provided by employers, and if you've been injured while at work, you have the right to pursue a workers' compensation claim. Knowing what steps to take when filing a claim can be confusing, and it's important to understand your rights before filing a worker's compensation claim.

Workers' compensation is a combination of state and federal laws that require employers to pay workers who become ill or injured due to their working conditions. This type of insurance is designed to provide employees with wage replacement and medical benefits while they recover from work-related injuries. Essentially, when an employee is injured in the course of their employment, they are able to file a workers' compensation claim in order to receive payment to cover their medical bills and lost wages.

When it comes to workers’ compensation claims, eligibility is determined based on the type and size of the employer and the length and type of employment. Generally, if the employer has three or more full-time equivalent employees, then they are required to purchase workers' compensation insurance. Additionally, if the employee is considered to be an independent contractor of the company, they may not be eligible to file a claim. However, eligibility may also depend on the specific state laws where the company is located.

When filing a workers' compensation claim, you may be eligible to receive a variety of benefits, such as medical benefits, lost wages, retraining and rehabilitation costs, survivor benefits, and more. The amount of benefits you are eligible to receive depends on the severity of your injury. Generally, medical expenses are covered up to 100%, but lost wages may be a percentage based on the policy of your employer. It is also important to note that you may only get a certain amount of time under workers’ compensation laws once you are awarded benefits.

When you're injured on the job, there are a few rights you have that are important to be aware of.

• You have the right to seek medical treatment: When filing a workers' compensation claim, you have the right to receive medical treatment necessary to treat your injury. Typically, you can choose your own doctor, but you may have to select from a list of doctors provided by the insurance company.
• You have the right to receive compensation: When you file a workers' compensation claim, you have the right to receive compensation for your medical bills, lost wages, and other related expenses.
• You have the right to challenge a denial: If your claim is denied, you have the right to challenge the decision. You may have to go to a hearing in order to argue your case, or you may have the option to settle out of court.
• You have the right to appeal a decision: If your claim is denied or you are unhappy with a decision, you have the right to appeal the decision. You can also hire an attorney to help you through the appeals process.
  

When filing a workers' compensation claim, there are a few tips you should keep in mind to ensure you get the best outcome possible.

• Gather documents: Before filing a claim, gather all the necessary documents, such as medical records and wage statements.
• Report the injury immediately: Be sure to report your injury as soon as possible to your employer. The sooner you report it, the more accurately your employer can record what happened.
• File for benefits: As soon as you are injured, file for benefits to start receiving the benefits you are entitled to.
• Keep a record: Keep a detailed record of all your doctor visits, medications, and any other treatments you receive for your injury.
• Seek legal help: If you feel you are not being treated fairly, you may want to seek the guidance of a qualified lawyer who can help you get the best outcome for your situation.
  

It is important for workers to understand their rights when filing a workers’ compensation claim and to know the laws that protect them. If you have been injured and would like to move forward with your claim, it is important to take the right steps and to make sure that you understand the process thoroughly. 

The team at Besse Law Firm has experienced workers’ compensation attorneys in Kansas City, MO, and the surrounding areas to help you with your claim. We also offer services for social security disability, personal injury, and DUI. Call us today at (913) 341-0005 for more information.