Critical Things Every Injured Worker Should Understand About Workers' Comp

The workers’ compensation system is designed to compensate employees for a work-related injury or illness, for fatality. However, a workers’ comp claim can be rejected due to factors like reporting delays, errors or delays in paperwork, and more. You need to be well aware of your company regulations and your state’s workers comp laws while pursuing a workers compensation claim to ensure a faster resolution to your claim. Here are 4 critical things every injured worker should know about workers’ compensation.

1. Reporting Your Injury Is a Must

   To start applying for workers' compensation, you must inform your employer of your work-related injury or illness as soon as possible, preferably in writing. While there is a timeframe for this, experts recommend reporting the injury immediately. This is crucial because it gives the employer ample time to organize better medical care, investigate the accident, and prepare the necessary documents that may support your claim.

   Take note that the time allowed for reporting work-related injuries varies by state. For instance, in Texas, injured employees have 30 days to report their injuries in writing. Delayed Reporting may result in claim denial or reduction of your benefits. Therefore, ensure you report your injury on time per your state requirements.

2. Worker Retaliation Is Prohibited

   The federal employment laws prohibit employers from retaliating against their employees. Even so, cases of worker retaliation keep sprouting. To give you an idea, in 2020 alone, there were more than 37,600 retaliatory claims, representing 55.8% of all charges. It is worth noting that you can still face retaliation at work if you file a workers' comp claim. To protect yourself, be aware of your rights and ask for legal support if you face any form of retaliation.

3. Beware of Your State Workers’ Comp Laws

   Laws surrounding workers' compensation insurance vary by state. In California, for example, the law requires you to file a workers' compensation claim within one year from your injury. Other states allow up to three years before filing claims. Failure to follow state laws may amount to claim denial. Therefore, understand every state law that may affect your claim and abide by it.

4. You Can’t Typically Sue Your Employer

   Workers' compensation insurance typically takes away your right to sue the employer in case of a workplace injury. However, the law allows an employee to sue their employer following a work-related injury if: -

   • The accident resulted from the employer’s negligence
   • The employer intentionally and maliciously inflicted the injury
   • The employer retaliates against the employee/ employees for filing a workers’ comp claim

How Fuller Insurance Agency Can Help

The more you learn about the workers’ compensation system, the more likely you are to file a claim in the event of a workplace injury or illness successfully. If you need help filing for a workers’ comp claim, call our team at Fuller Insurance Agency to get the information you need to make an informed decision about your workers’ compensation obligations.