Workers compensation is not something you can just take advantage of. There are definitive rules set up that one has to follow before one can even file a claim, and then you have to proceed through a series of steps to get your claim accepted and paid before you can even consult with a workers comp lawyer. You cannot jump from a work-related injury direct to the lawyer's office unless you follow a logical pattern in a chain of events. Here is why.
You Cannot Sue for a Claim That Does Not Exist
Your lawyer cannot help you sue on a workers comp claim that does not exist. You need both your original claim form (or an acceptable, dated copy) and your rejection/denial letter from the workers comp company. Without these, your lawyer cannot prove that you ever had a claim, and then your case is dead in the water before it gets started.
If you were injured, but told not to file a claim, that is different. Your employer was probably attempting to hide the number of work-related injuries, rather than take your paperwork and submit it. Your employer will have to prove this particular claim, which is difficult, but not impossible.
You Cannot Prove Your Claim Without Medical Proof
It is your employer's word against yours if you attempt to sue for workers comp and there is no medicaal record to back up your claim. If you refused medical treatment immediately after your supposed injury, and you have no medical record of said injury, your employer can counter your claim with the evidence that there is no evidence to support your claim! Go visit the doctor right away, or within three days of being injured, or your lawyer cannot help you. That medical record is key to showing your case and geting it through the court system.
You Cannot Sue an Employer That Did Not Even Know That You Were Injured
Imagine being in your employer's position and receiving a court summons to appear for a hearing on an injured employee. It would be quite a shock if they were never notified that you were injured. It may also be grounds for dismissal of your case, since you did not go through the proper channels to get to the point where you are suing your supervisor for workers comp benefits. If you do not want your case to be dismissed, then at least make your case known to your immediate supervisor and file an injury report to make sure that the report is present.
The Appropriate Chain of Events
You were injured. You have to determine if the injury qualifies for workers compensation. Paper cuts and stubbing your toes do not qualify, but slicing open your hand or breaking a bone do qualify. The severity of the injury is what makes it a workers comp matter or not.
Then you have to inform your boss and/or immediate supervisor. You may have to leave work for medical treatment, but you should fill out a workers comp claim form first. You may be informed in the selfsame day by your doctor that you cannot return to work because of the nature of your injury. Drop off a doctor's note to your immediate supervisor, but make a copy of it for your own records.
Stay at home, heal, and wait for news on your workers comp filing. If your claim is accepted, ask when you should begin receiving benefit checks. If it is denied, find out why. If you have questions, sit down with a lawyer from firms like Walz Law Office to determine what your next move will be.
