take charge of your workers' compensation claim

[...]... different companies How much of this book you’ll choose to read will depend on your individual circumstances 1 / 6 TAKE CHARGE OF YOUR WORKERS’ COMPENSATION CLAIM I suggest that you read Chapter 2 (Overview of a Workers’ Compensation Claim) to get a good understanding of the workers’ compensation system, and to determine where your claim is in the system Read Chapter 21 (Preparing Your Case) in conjunction... report to work without a valid excuse If, however, you keep your employer informed, you cannot legally be fired for injuring yourself, filing a workers’ compensation claim and obeying doctor’s orders 2 / 4 TAKE CHARGE OF YOUR WORKERS’ COMPENSATION CLAIM INJURED WORKERS WHO ARE FIRED Employees often ask if they can be fired while off work because of an industrial injury The answer is “not usually,” unless... 3/11 7 Injuries Claimed After Employee Was Terminated or Laid Off Excluded 3/11 8 Injuries Outside Work or Job-Related Activities Excluded (AOE/COE) 3/12 9 Injuries Where Claim Not Filed on Time 3/12 3 / 2 TAKE CHARGE OF YOUR WORKERS’ COMPENSATION CLAIM IF YOUR CLAIM WAS ACCEPTED If you filed a claim that has already been accepted by the workers’ compensation insurance company,... Information and Assistance officers can be your best source of information and help in resolving problems you encounter Information and Assistance officers are there to give you free help in pursuing your workers’ compensation claim See Appendix 6 for the number of your local workers’ compensation office You may get helpful general information from the automated Workers’ Compensation Information and... Board An Application for Adjudication of Claim form is included in Appendix 5 TIME LIMITS TO FILE A CLAIM Your workers’ compensation claim form (DWC-1) and the Application for Adjudication of Claim must by law be filed within one year from the date of injury But as a matter of common sense, you should complete and file these within 30 days of your injury, or at your first opportunity (We provide forms... Division of Workers’ Compensation Website 1/5 D How to Use This Book 1/5 E What This Book Does Not Cover 1/6 1 / 2 TAKE CHARGE OF YOUR WORKERS’ COMPENSATION CLAIM A s a workers’ compensation attorney, I advise injured workers about how the law applies to their particular workers’ compensation claim I have yet to talk to an injured worker who felt that the workers’ compensation. .. Notify Your Employer of the Injury If you sustain a work injury, immediately notify your supervisor or boss of the injury at your first opportunity If your injury developed over a period of time, as with a repetitive stress, or cumulative trauma, injury, notify your employer as soon as you have symptoms and realize you’ve been injured as a result of your job Although you may initially orally tell your. .. Denial of Your Claim or Benefits If you’re unable to work because of your injury, the last thing you want to face is a battle with the insurance company Unfortunately, this isn’t in your control Some insurance companies deny many claims as a matter of course, or routinely reject requests for temporary disability payments, medical treatment or other benefits 2 / 5 If your workers’ compensation claim. .. their job back Step 6 Complete Workers’ Compensation Claim Form and Application for Adjudication of Claim Form Your next step is to protect your rights as an injured worker under the workers’ compensation system by promptly completing two forms: • Workers’ Compensation Claim Form (DWC-1) Your employer is required by law to give you this form within one working day of receiving notice or otherwise learning... workers on a no-fault basis The employer and its workers’ compensation insurance company will often fight an employee’s perfectly legitimate claim every step of the way WORKERS’ COMPENSATION FRAUD Over the last several years, alleged workers’ compensation fraud (the filing of false claims) has been a major concern of employers and workers’ compensation insurance companies alike In response to these . 1/5 3. Division of Workers’ Compensation Website 1/5 D. How to Use This Book 1/5 E. What This Book Does Not Cover 1/6 1 / 2 TAKE CHARGE OF YOUR WORKERS’ COMPENSATION CLAIM A s a workers’ compensation. Doctor Decides If You Need Time Off 2/3 Step 6. Complete Workers’ Compensation Claim Form and Application for Adjudication of Claim Form 2/4 Step 7. Secure Control of Your Medical Care 2/4 Step 8 30 Days 5/3 C. File Your Workers’ Compensation Claim 5/4 D. The Insurance Company’s Answer 5/15 E. Take Steps to Protect Your Rights 5/15 6 Keep Good Records to Protect Your Claim A. Set Up a Good