If you are hurt on the job, you are probably entitled to compensation. You probably don’t 
know how the process works. If you don’t file promptly and you miss the deadline established in your state, you may miss out on your compensation.
Both the worker and the employer must act promptly when an injury occurs. Otherwise, the claim could be denied.
When an injury occurs, the employer must:
- Give the employee the appropriate paperwork and guidance
- File the claim with the insurer
- Comply with state law for reporting work injuries
The employee must:
Notify the employer of the injury (date, time, type of injury, and how it occurred)
- File a formal workers’ comp claim
- The workers’ compensation process can vary depending on where the employee is
- located since workers’ comp is regulated by the state.
When should an employee file a workers’ comp claim?
An employee should file a workers’ compensation claim if injuries were sustained on the job or within the scope of employment. This includes occupational accidents, diseases, trauma injuries, or illness caused by exposure to work activities or chemicals.
In order to file a claim, all of the following must be true:
- The employer has a workers’ compensation policy.
- The injured worker is an employee of the business, not a contractor.
- The employee became injured while at work.
Workers’ comp typically won’t cover:
- Stress or other psychiatric injuries
- Self-inflicted injuries
- Injuries caused by fighting or horseplay
- Injuries that happen while commuting to or from work
- Injuries incurred while committing a crime, while under the influence of drugs or alcohol, or while violating company policies
Ben Winter, P.A. focuses its practice in the areas of Social Security Disability and Workers Compensation in St Petersburg, Florida. For more information, go to our web site www.benwinterlaw.com or call (727) 822-0100.