Law & Legal & Attorney Employment & labor Law

Understanding Workers Compensation Forms

A worker's comp claim can be overwhelming, especially when you are completing all the documentation that your employer and the insurance company need.
Understanding what they send you can be tricky and as the adage goes, "No job is finished until the paperwork is done.
" This list of worker's compensation forms is not meant to be complete, but might help you navigate the most common paperwork.
An experienced attorney can be of invaluable assistance during this process.
Medical Forms Your health is the most important thing in any injury.
If you are hurt on the job, do not hesitate to seek immediate medical attention.
Be honest and complete when filling out forms at medical offices, as these documents can become part of the workers compensation claim and official documentation relevant to your case.
You should continue seeing the same doctor's office to keep your evaluations and treatment consistent.
Your employer will recommend a specific office or facility based on their worker's comp insurance.
Visit this office first, then request a documented referral to your personal doctor's office if you want to change your treatment location.
Disagreement with any doctor can happen, but remember that your treatment of these medical professionals could affect your worker's comp claim.
Mileage, the cost of gas, and other personal expenses incurred from medical treatments, can be included in your worker's compensation claim and can be reimbursed to you.
While it is not necessary to keep track of these in a specific format, it can be helpful to use a standard form to show the employer and the insurance company what these regular costs are.
First Report of Injury or Illness As soon as possible - but at the most within 30 days of the accident - be sure to file a written First Report of Injury or Illness with your employer.
Be sure to include all details of what happened, including: the day and time of the accident, where on your body you are injured and how severe it is, the circumstances of what happened and what you were doing when it happened, the names of any witnesses, and any pictures, sound recordings, or video you have.
Try to make your report as detailed, accurate, and complete as possible.
If you had to call 911 because of the injury, include that information in case your attorney wants access to that recording later.
If the accident occurred in a work area that is under video surveillance, make a note of it so that the video can be referenced later as well.
While some states allow you to verbally tell your employer about your injury in order to start a worker's compensation claim, having all these details in writing can prevent confusion, miscommunication, or the loss of "what really happened" that occurs naturally with time.
Your employer may have specific forms for this report, or you can write up your own.
Be sure to include the day and time you submitted it, and the name of the manager it was given to.
Wage Statement Form The Wage Statement Form is a very important part of the process for injured employees because it is used to calculate a person's normal wages to determine reasonable payment for wages lost because of the injury.
In most states, your employer must submit this to the correct government department within a set deadline, and must update it quickly if the calculation of wages changes.
Your weekly payment is determined by calculating the average of your weekly earnings for several weeks preceding the accident (not including the week in which the injury/accident occurred) depending on whether you work full or part-time.
Generally, this calculation also provides for gratuity, commissions, and fringe benefits which you've lost because of your injury.
Employee Earnings Report You may be required to report to your employer, your state's worker's compensation department, and the insurance company on the amount of money you receive during the course of a worker's compensation claim.
An Employee Earning Report is a standardized way to keep track of this for all these agencies.
It includes sections to report on self-employed earnings, insurance settlements, and worker's comp payments.
If you are asked to complete this form, make sure you pay attention to when it is due - typically within 30 days.
Notice of Denial Worker's compensation insurance must make decisions to approve or deny claims very quickly - typically within a few weeks.
If a claim is denied, they must send you a Notice of Denial.
There are many reasons an insurance company might deny a claim, including Drug Free Workplace violations, evidence gathered under surveillance, or if the insurance company can support a possibility that the claim is fraudulent.
If your worker's comp claim is denied, the process isn't over - you still have the right to appeal.
Petition for Benefits A separate governmental office generally handles worker's compensation claim denials, appeals, and disputes.
If you have not contacted an attorney before this point, you may want to consider it for the appeal process.
To begin a mediation process, you will file a Petition of Worker's Compensation Benefits.
It is a form very similar to the First Report of Injury or Illness and provides space for you to describe the history of the situation.
Filing this form may submit your claim into the meditation process, but you also want to check with your state's worker's compensation office to be sure you're aware of any other forms you need to complete.
Making sense of worker's compensation paperwork is not easy.
These forms are a few that can be crucial during your worker's compensation claim.
Speak with an experienced attorney about the process and your rights in a worker's compensation claim.

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