Imagine getting a brand new job at, say, a library. You\u2019re super excited, but on your first day of work, you trip over a bunch of books and break your arm. What are you supposed to do now? Besides getting a cast, you need to get your workers\u2019 compensation insurance; our guide on how to act if an accident happens is here to tell you how.<\/p>\n\n\n\n
If your first question is \u201cWhat is workers\u2019 comp?\u201d we have to say the answer is far from simple. First, we\u2019ll need to introduce some statistics, break down all those complex legal terms, and walk you through the application steps for workers\u2019 compensation.<\/p>\n\n\n\n
Work accidents happen even in the safest circumstances. Statistics tell us that the most common ones are: slips, trips, or falls on level ground (29%), handling, lifting, or carrying (20%), being struck by moving objects (10%), acts of violence (8%), falls from a height (8%). If any of these things happen to you, you\u2019ll want to ask: \u201cHow does workers\u2019 comp work?\u201d <\/p>\n\n\n\n
Known as workman’s comp until the name was changed to make it gender-neutral, workers\u2019 comp is a system that protects both employees and employers. While workers can get medical and disability benefits if they get workplace injuries, employers get protection from occasionally fraudulent lawsuits<\/a>.<\/p>\n\n\n\n We\u2019ll start with the assumption that your employer is supportive and aware that only happy workers are good workers.<\/a> As such, they would have introduced you to the claim process in case of an accident. But you may still be wondering: \u201cWhat is a workers\u2019 comp claim?\u201d In that case, you\u2019ll need to go through our step-by-step guide:<\/p>\n\n\n\n There\u2019s always the possibility of having your claim disputed since both employers and insurance companies do everything in their power to deny workers\u2019 comp claims and limit compensation. If there\u2019s a dispute, you might be asked to undergo an IME with a supposedly neutral doctor. \u201cWhat is an IME for workers\u2019 comp,\u201d you ask? It stands for \u201cIndependent Medical Examination,\u201d and it\u2019s a procedure often requested by insurance companies to validate your doctor\u2019s decisions.<\/p>\n\n\n\n Judges often ascribe significant weight to IME reports, so the results might affect your case. Be well-prepared for the examination: You\u2019ll be asked questions about how your injury happened and undergo some physical exams and tests. You can challenge the report legally if it\u2019s limiting or cutting off your benefits, but make sure to contact a workers\u2019 comp attorney for that.<\/p>\n\n\n\n Of course, what can be disputed can be denied as well, so asking yourself, \u201cWhat do I do if my workers\u2019 comp claim is denied?\u201d is only natural. One option is to give up on the claim or even start job hunting. We wouldn\u2019t recommend this, however, because there are still options for you to make good on your rights. Firstly, you have the right to contest the decision via an appeal. If the negotiations don\u2019t work out, and you can\u2019t reach a settlement, the next step is a summons to a formal hearing.<\/p>\n\n\n\n The hearing would be your final chance to fight for your rights and present your case. \u201cWhat is a workers\u2019 comp hearing like?\u201d is the next question, right? The legal proceedings are pretty standard – you are trying to negotiate a settlement with the insurance company, but in court. That\u2019s why you need to hire a lawyer and gather all the necessary evidence, such as medical records, doctor\u2019s reports, and bills, to present to the judge. After testifying, the court will reach the verdict on whether you get workers\u2019 comp insurance within 30 to 90 days.<\/p>\n\n\n\n Even after your claim is settled and you\u2019re all better, there are some legal things to get done. Once your condition is stable enough to get back to work, you\u2019ve reached the MMI. What is the MMI in workers\u2019 comp cases? It stands for \u201cMaximum Medical Improvement\u201d and means that you\u2019ve reached the point where your health conditions are no longer expected to improve. From then on, the insurer is only obligated to pay for secondary medical services, and that for a limited time.<\/p>\n\n\n\n We would like to encourage you to ask your employer everything about workers’ compensation terms and conditions during your onboarding process<\/a>. Now that you know the answer to the question \u201cWhat is workers\u2019 comp?\u201d you\u2019ll know what to look out for. The main thing to remember is that you have rights and you\u2019re entitled to exercise them – just make sure you have the proper legal support, too.<\/p>\n","protected":false},"excerpt":{"rendered":" Imagine getting a brand new job at, say, a library. …<\/p>\nThe Claim Process<\/strong><\/h3>\n\n\n\n
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A Disputed Claim<\/strong><\/h3>\n\n\n\n
A Denied Claim<\/strong><\/h3>\n\n\n\n
You Got Your Workers\u2019 Comp and Recuperated: Now What?<\/strong><\/h3>\n\n\n\n
The Bottom Line<\/strong><\/h3>\n\n\n\n