Getting What Is Rightfully Yours

Your Workers' Comp Claim And The Accident Report

22 February 2016 by Penny Fisher

You can rest assured that if you have been injured on the job, your employer's workers' comp insurance will most likely cover your medical expenses and a portion of your lost wages while you recover from your injuries. One of the most important documents to your claim is the accident report, and in fact, you must file this report for the insurance company to even consider your claim. Having the benefits provided by workers' comp is vital, since you may be out of work due to your injuries and unable to pay your medical bills without it. Read on for more key facts about the importance of the accident report in your workers' comp claim and what you can expect.

1. You must inform your supervisor immediately after your accident or as soon as you know about any repetitive stress or mental health conditions caused by your job. Some states have very specific time lines concerning workers' comp claims, but usually you may inform either verbally or in writing.

2. Your employer should either fill the correct form out for you, or provide you with the form and assist you in filling it out. If your employer has not provided you with a form, access your state's workers' compensation website; you may be able to get more information about how to proceed and access blank forms.

3. If it's necessary to fill your own report out, set aside some quiet time and take special care when doing so. Once your form is filed, you may not be able to make changes. Make sure that you include valid contact information for any witnesses or interested parties and attach medical reports if available. Try to stick to professional and unemotional language when describing your injuries with an emphasis on the exact body parts affected.

4. Stay organized during the claim process by using an expandable file case, loaded with your medical treatment receipts and reports, lab results, the accident report, insurance company correspondence, etc. Keep anything in your file that's even remotely connected to your injury.

5. You can expect to have all of your related medical expenses paid, but you will receive only a percentage of your pre-injury wages while you are unable to work; normally only about 75% of your salary will be paid weekly. If you are found to be permanently injured and unable to return to your job, you may be also entitled to be retrained for a different type of job through vocational rehabilitation. Additionally, those who are permanently injured may be eligible to receive a lump sum payment or periodical payments for the remainder of your life.

If you feel that your employer or the insurance company is not taking your claim seriously enough, contact a workers' comp attorney—like those at Shaw Leslie Law Office and other firms—to help you get the benefits that you are entitled to receive. 

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