Checklist For Filing A Workers' Compensation Claim

Recovering from a work-related injury is difficult enough without having to wind your way through the confusing workers' compensation maze. Here's a checklist to help you through the process:

• Make sure that your employer actually filed a workers' compensation report and get a copy of it.
• If the insurance company denies you the benefits you deserve, move quickly to file an application for an administrative hearing with your state workers' compensation board.
•  Make a list of everything that's in your workers' compensation file. Make copies of items that are important to your case.
• Make three copies of your own medical records. This should include your physician's narrative and/or a copy of the medical form he or she sends into workers' compensation and copies of the results of any tests. Keep one copy at home so you always have one.
• Always make sure your doctors fill out the medical forms properly and fully to avoid having a hearing held up because a doctor forgot to check a box or answer a simple question.
• Make sure your medical reports include how the injury is related to employment, the full diagnosis of the injury, the course of treatment, and any permanent or partial disability rating.
• Fully document any mental disability, such as depression, that has resulted from your injury.
• If you suspect fraud on the part of your insurer or employer, report it to the fraud unit at the workers' compensation board.
• If you were fired within a year of filing a claim and feel you were discriminated against, file a termination discrimination complaint.
• If you think that your insurer acted improperly, file a complaint with your state's Department of Insurance.
• If you feel that you're being discriminated against, file a complaint with the Equal Employment Opportunity Commission.
• If you believe you're in an unsafe work environment, make a complaint with the Occupational Safety and Health Administration.
• Always save your "notice of decision" letters informing you of the judge's decision and how many days you have to appeal. Note the name of the judge.
• Find out who your claims examiner at the workers' compensation board is. They usually try to help injured workers.
• You have a right to be retrained. Contact the local rehabilitation social worker at your workers' compensation board.

When you are ready to file a workers compensation legal claim let whocanisue.com find an employment lawyer in your area.