Eligible employees for workers’ compensation insurance take it for granted that when the need arises, they will have no problems getting compensation for a legitimate workplace injury. However, there are guidelines that must be followed to avail of workers’ comp that most employees are not aware of. Failure to satisfy these guidelines could invalidate claims.
Workers’ comp is a no-fault insurance, so there is no need to prove causation aside from the fact that it was work-related. Even then, employers are not eager to make claims with their insurance companies because this will result in more costs to them in terms of premiums. So if an employee assumes the employer will take care if everything, then they could be making a costly mistake.
Each state has different guidelines for reporting a workplace injury, an important first step in making a claim. A Minnesota workers’ comp lawyer would be well aware that while the state Department of Labor and Industry emphasize that the employee is not responsible for submitting the First Report of Injury (FROI) form for workplace injuries in a timely manner, they do have to report the injury to the employer within 14 days of the incident or risk losing coverage on a technicality and obtain certain documents to validate a claim such as a Report of Work Ability form from an accredited health care provider.
Information from the website of the LaMarca Law Group, PC states that when a claim is denied because the employer declares that the employee failed to report the injury immediately, a workers’ compensation lawyer will point out that the state allows a worker 90 days to report the injury (depending on the state, of course). The employee may also file a claim directly with the state’s Workers’ Compensation Commission if the employer fails to do so.
It is important to know your rights and responsibilities as an employee when it comes to workers’ compensation. If in doubt, consult with a workers’ comp lawyer in your state for clarification and assistance for disputed claims.