When Your Workers' Comp Is Not Working

18 October 2017
 Categories: Law, Blog


When workers' comp insurance does what it's supposed to do, it can be an amazing benefit for those hurt on the job. You can usually expect to get all of your medical expenses paid in full and to get some of salary paid while you recuperate at home. Unfortunately, some workers experience problems getting their workers' comp claim approved. Read on to find out some signs that your workers' comp is not working properly and that it may be time to seek help from a workers' comp attorney.

1. Your supervisor has not filed a claim on your behalf, claiming that your injury was not serious enough or that it did not happen at work. If your injury was bad enough to require medical treatment (and you must get medical treatment if you want your claim to go through) then you very likely have a legitimate claim. Additionally, your accident does not necessarily have to actually occur at work for it to be work-related. For example, if you are injured while traveling for business for your company, that injury is covered.

2. You were successful in getting your claim approved, but now your supervisor is asking you to return to work or risk being fired from your job. You must never report back to work until your doctor has given you the "all clear" sign. In some cases, you may be asked to undergo a special kind of medical exam that will determine how much more time off you actually need, if any. This exam, called an independent medical exam, can have one of three results:

  1. You are well enough to return to work right now.
  2. You need more time off to recover from your injuries.
  3. Your injury is not likely to improve much more, and you now have permanent injury.

3. You have been denied your benefits from workers' comp for any number of reasons and you are unable to work at your job due to your injury. If you have been denied, you have the right to appeal. Pay attention to the reasons given in the letter for the denial and get a lawyer.

4. You have a severe or catastrophic injury, which you already know is permanent. When your injury will affect your ability to work for the rest of your life, you will need to step up your attention to the compensation. The weekly partial salary benefits will likely come to an end and be replaced by a lump sum settlement. It's vital that you have some help negotiating to get the best deal and payment structure possible to maximize your benefit amount and to coordinate with your Social Security disability payments.

For more information, contact companies like Gieg Law Offices.