When you are facing a worker’s compensation claim, it is important to be prepared. Providing through documentation of the injury is extremely important. Obtaining medical records and documentation of the injury can expedite the claims process.
Reporting the Injury
The notice requirements of the Workers’ Compensation Act state that the employee shall provide notice of injury to the employer within 90 days after the happening of the injury, or within 90 days after the employee knew or should have known of the injury. This legal notice need not be in writing. It is this provision that controls the notice requirements and not the notification rule established by any particular employer.
Many employers attempt to enforce a notice period of 24 hours or less. If an employer refuses to pay workers’ compensation arguing that your notification was not timely, you (the injured worker) should never accept the employer’s explanation and walk away from a legitimate case.
Workers’ compensation cases are often disputed because of inaccurate and incomplete histories. If the injury is related to the employment, it is essential that you tell the employer and that every physician or health care provider that you see. You should make certain that the examining doctor writes down the history given and that it was work related. It is not enough simply to tell what happened if the doctor does not write the explanation on your medical records. If the case is disputed, the doctor will not testify for many months after the work related injury and by that time, unless the work injury is accurately recorded in the records, the physician will generally be unable to recall the history given.
Filing Out Sickness and Accident Forms
When you are injured on the job, the employer will ask you to fill out sickness and accident forms while it is determining whether workers’ compensation benefits will be paid. Generally, at least one of the questions on the form will ask you if your injury is related to your employment such as: “Do you believe that your disability was caused by an injury?” Or, “Do you believe that the injury or disability arose out of your employment?” If you believe that there is in fact a relationship between the disability and your employment, you should clearly state on the sickness and accident forms that it is work related.
If you are uncertain as to whether or not there is a work relationship, you should answer the question as follows: “I am uncertain at this time if my injury is work related. I am waiting for medical advice.”
A negative answer to the injury and work relationship question on the sickness and accident form will make the case more difficult, but it should still be pursued.
Employer Response to Your Claim
If the employer refuses to consider your injury or disability compensable, you should never accept the employer’s statement as the final determination of your work related injury. Ultimately decision to compensate you for your work related injury will be made by a magistrate after a workers’ compensation hearing, or through negotiations between the attorney for the employer/insurance carrier. If the employer states that they will not pay worker compensation benefits, you should immediately contact the Workers Compensation Attorneys at Krupp law Offices PC.
If you are facing a worker’s compensation, a good worker’s compensation attorney is not optional, it is a requirement! Our worker’s compensation attorneys can answer your questions with straight talk. Having the right worker’s compensation attorney on your side can relieve your stress during this difficult situation. Our attorneys have over 95 years of trial experience. Considering the seriousness of this life changing event, it is extremely important to retain the services of an experienced attorney.
Krupp Law Offices P.C. is located in downtown Grand Rapids, Michigan and has the right worker’s compensation attorney for you. We represent clients in all worker’s compensation matters throughout West Michigan, , including the cities of Grand Rapids, Big Rapids, Ionia, Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Newaygo, White Cloud, Fremont, Coopersville, Hastings, Middleville, Wyoming, and Rockford including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, and Allegan County Michigan.
Call for a free phone consultation. Our office can help.