How to File a Workers Comp Lawsuit: A Beginner's Guide

Did you know that there are 3.4 workers comp claims for every 100 full-time employees in the United States? If you were recently hurt at work and need to file a workers comp lawsuit, but you are not sure where to start, we are here to help. We have put together this short guide to share what you need to know about filing your lawsuit.

Keep reading to learn more about how to file a workers comp claim.

Table of Contents

1. Notify Your Employer

First things first, you want to notify your employer of your injury both orally and in writing. Even if your injury does not make you miss work, you want to make sure you report the accident ASAP. It is important to write down all of the details while they are clear in your mind.

Usually, your employer will send you to a doctor or medical facility right away to check out your injury and give their professional opinion on any downtime or precautions you have to take.

2. Follow Doctor’s Orders

Once you see the doctor it is important for you to follow all of the directions that they give you. This will ensure that you are paid by worker’s compensation insurance. If you do not follow the doctor’s orders or do not attend follow-up visits then you will put your benefits in jeopardy.

3. Talk to an Attorney

The next step is to contact a workers comp law firm to see what your rights are and to help you navigate the claim process. If you have never dealt with workers comp claims you might end up getting the short end of the stick.

A workers comp lawyer will be able to determine the best course of action in order to get you the most benefits. They will also ensure that your claim is filed correctly.

4. Copies, Copies, Copies

Something else that you want to make sure you do is make copies of every single medical report, every letter, every bill, and every completed form. This will cover you in case there is ever a dispute when it comes to your claim.

5. Follow Up

Usually, insurance companies want to pay out as little as possible so they might not contact you first. It is important to follow up with the insurance company to ensure that the claim was reported correctly and that they have all of the paperwork needed.

Your employer should provide you with a form to fill out and sign and once you submit it then your employer should submit it to the insurance carrier within a certain time frame (usually seven days).