February 20, 2022

What should you expect from a worker’s comp case? Work-related accidents occur every single day. While you hope it never happens to you, it’s always good to know your rights and your options for fighting against these battles if things were to turn ugly.

Most businesses and corporations have insurance policies in place for workplace accidents, but that doesn’t always mean you will get the help you need. Here’s a guide that will teach you what you can expect in a worker’s comp case and why you should have a lawyer ready to go if things start to take a turn.

Injured On The Job? File A Claim With Your Employer

If you are injured on the job, whether it’s physical or internal, you have the right to file a claim with your employer for benefits and monetary assistance. Most employees are covered by the first day they start on the job, which means you can file a claim anytime you experience an injury.

In the case of an accident, you will need to speak to your HR rep about receiving the paperwork and the claim process. Your HR rep should thoroughly explain to you the process of filing your claim and how long you have to file.

Louisiana’s statute of limitations states that a worker has one year from the date of the accident to file a report with their employer, but what about injuries that were built over time? If you suffered an internal illness that’s a result of the workplace, think being around chemicals all the time or other factors, you have a year to file from the first time you visited the doctor in relation to your symptoms.

Process Of A Worker’s Comp Claim

Once you have filled out the worker’s comp claim paperwork and turned it in, the claim investigation process begins. Your employer will not be the one reviewing your case; it will be the insurance company they have on hand for worker’s comp claim.

A comp claim investigation can be a tedious process. Your medical records will be looked through, and you may have to complete a few rounds of doctor visits from one of their suggested providers to determine if your accident was sustained on the job, especially if you’re dealing with an internal issue.

In a worker’s comp case, one of two outcomes will occur: you will be offered a settlement from your employer, or you will have a worker’s comp hearing. If you are offered a settlement, that means you will be offered a lump sum in exchange for the termination of your rights (regarding worker’s comp). While the big offer may look nice, you shouldn’t accept it right away.

If you go to a hearing, you could be awarded financial assistance on top of other medical benefits to assist you in your healing. Hearings can be scary since you will have to go through legal proceedings, but you could have a better outcome and one that’s more helpful if you choose this method.

What To Do When Your Claim Is Denied

Unfortunately, there is the chance that your employer could deny your claim if they do their best to find themselves not at fault for your injury. While this tends to be a more rare occasion, it’s still a possibility you should prepare for.

On the chance that your claim is denied, you should seek legal assistance right away. You will be in a bind trying to fight your employer on your own since they will have a strong legal team ready to back them up.

How A Lawyer Can Help

Some people want to wait until their case reaches the point where their claim is denied before considering hiring a lawyer, but we’re here to tell you that might not be the best-case scenario.

You can hire a lawyer before you even file your claim to get legal advice on what to expect and do with your situation. A high-quality worker’s comp lawyer can assist you in a myriad of ways, from giving you advice to collecting evidence and negotiating with your employer to receive the assistance you need.

It’s definitely worth it to invest in before you submit any paperwork.