Blog - Vasilatos Injury Law

When & How to File a Workers’ Compensation Claim

Written by vcinjurylaw | Mar 4, 2019 11:12:37 AM

If you’ve been injured while performing your work duties, you’re probably eligible to receive compensation for medical expenses, emotional trauma, and lost wages. Understanding your rights as an injured employee, as well as getting familiar with workers’ compensation law, is crucial for success.

As the experts in workers’ compensation law, here is when you can seek compensation through a workplace injury lawsuit.

What Types of Injuries Can You Get Compensated For?

Every work-related accident that results in an injury can be a legal ground for filing a workers’ compensation claim. Typically, employees get reimbursed for medical expenses, emotional damage, and lost wages in the events of injuries that leave them permanently or temporarily unable to work.

Broadly speaking, this includes:

  • Occupational illnesses
  • Physical injuries
  • Psychological injuries
  • Aggravations of pre-existing medical conditions

Numerous factors are considered in relation to a specific injury, but decisive ones are whether or not the victim is able to return to the job and provide for themselves and their family, as well as how the injury has affected the victim’s ability to function, both physically and mentally, in their everyday life.

The more serious the injury, the greater the compensation.

What You Need to Do Before You Can Seek Compensation

Before you can file a claim, you must report your work-related injury to your employer and/or your employer’s insurance company. The deadline for doing so varies from state to state, but in most cases, you’ll need to report and detail the accident within a few days.

If you don’t report the injury in due time, you won’t be legally eligible for receiving compensation. Bear in mind that certain symptoms don’t appear immediately after the accident. Don’t take the “wait and see” approach, but file a report of what happened with your employer as soon as you can.

Know Your Legal Rights in Case of a Workplace Accident

Filing a workers’ comp claim is not your only right as an employee.

  • If you’ve been injured or ill because of a workplace accident, you have the right to seek medical attention and not return to work until you’ve recovered. A workers’ compensation claim serves to help you retrieve what you’ve lost in terms of employable skills and wages.
  • As an injured employee who is seeking workers’ compensation, you have a right to a lawyer.
  • If you disagree with the workers’ compensation court’s final decision, you have the right to appeal.
  • If your employee tries to incentivize, reimburse, or manipulate you into dropping your workers’ compensation claim in any way, you have the right to decline their proposal and report them to the authorities. Any attempt to persuade you against filing a claim is illegal.

Can Vasilatos Injury Law Help You with Your Workers’ Comp Claim?

Absolutely, we can.

Our team of professionals at Vasiltalos Injury Law will explain your rights in detail and help you file a workers’ compensation claim to the court. We’ll use all our expertise and experience to get you back on your feet by getting you reimbursed for the physical, emotional, and financial loss you’ve endured.

Reach out to us today!