What Are the Steps in a Workers' Compensation Claim Process?

If you've been injured on the job and are trying to hire an attorney to handle your case, you may be wondering how that process works once a claim has been filed. Do I have to go to court? Will I receive compensation? How long will the process last?

The first thing you must do after suffering an injury on the job is to report that injury to your supervisor. It is extremely important to have documentation of the injury happening at work.

Once the injury report has been created at your job, the first step in the claim process is actually filing the claim with the employer’s insurance carrier.  The carrier will then either accept or deny that the worker’s injury, illness, or fatality is work related.  If the carrier denies the claim because they do not believe the injury is work-related, the disputed claim could end up in a hearing before the Workers’ Compensation Commission (WCC).

            

For an accepted claim, medical care and treatment for the injured employee is paid by the insurance carrier.  The injured worker will also receive compensation benefits to partially replace wages that would have been lost because of the injury.

            

Second, the employer has 10 days after being notified of the employee’s accidental death or injury to file the first report of injury.  This is then followed by the filing of the employee’s compensation claim with the WCC.  Within 21 days of this filing, the employer and/or the insurer pay the benefits to the employee, or instead, they may file contesting issues if they are disputing the claim.  While a claim is being processed by the WCC, the commission will, within 30 days, issue an award or schedule the case for a hearing because contesting issues were filed.

            

Following a WCC hearing, the commission will issue an order, which may or may not include an award, depending on their ruling.

If you have suffered injuries while on the job, don't let this stressful time worry you, and make sure you hire an experienced workers' compensation law firm to handle the claim and get you the money you deserve. Call Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.