Workers Comp & Risk Management Melville NY
A workers compensation claim may be filed through a person's employer, if an accident or injury happens in the workplace resulting in loss of work and wages. There are many steps to filing successful workers comp claims, as well as risk management that should be followed to prevent accidents and injuries in the workplace.
Jeffrey Lewis, CFP, ChFC
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American Postal Workers Union
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Long Island Association
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Great Neck, NY
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National Post Mailhandlers Union
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Knowing who can file a workers compensation insurance claim is important for those trying to get benefits. Typically, only employees can file for workers comp, as long as the injury results from an incident or accident that happened at work. A spouse or a dependant is not permitted to file any type of claim through workers comp, such as a loss of service. If the spouse dies because of a work-related accident, spouses or dependants can than seek both death benefits and help with expenses related to the funeral under workers compensation insurance. Death benefits will typically include the cost to bury the spouse, even if they also had a life insurance policy.
Claim procedures may differ for each state. However, most businesses require their employees to tell them of their injuries within a set number of days after it has happened. One exception to this rule is generally if an employee has been deemed mentally incompetent because of his or her injuries. They may then be excused from these requirements. Sometimes, the employee must let the state industrial commission aware of the problem too. Once filed, an employee can usually receive medical expenses and lost wages paid.
When an employer has been made aware of an employee's injury, they should then notify their workers compensation insurance. From there, the proper steps will be taken to file a workers compensation claim.
Getting workers comp may be difficult. Getting through the maze of paperwork can be even harder. Following the tips provided here can help your claim be resolved as quickly as possible.
Getting your own copy of your workers comp claim is important. This lets you know that your employer has actually filed it, and you will know what is on it. The possibility may then arise of the workers compensation insurance company denying your benefits. If this happens, make sure to file an application as quickly as possible for a hearing with your state workers' comp board. Make sure you read and understand your claim as well as you can, and make copies of anything that may be important. Make sure you have enough copies of all your important medical records, at least two copies of everything. Also, make sure that all your information is correct, and that you have had all the important medical exams and information gathered for your case. Everything should be clearly documented. The medical reports must include how you got hurt at your place of employment and be detailed about the incident, as well as the steps you are taking to recovery.
There are four types of injuries that workers comp usually covers. The first is called traumatic physical injuries, and it is the biggest compensation claim that is made by workers. Repeated trauma is the next most common claim reported towards a workers compensation claim. A repeated trauma is an injury that occurs gradually, such as tearing of the muscles or ligaments from a certain activity at work. These may be harder to claim, as many employers will argue that they were done outside the workplace. If the injury can be proved that it happened from a repetitive motion at work, the worker may have a winnable case.
Mental injuries are the third type of injury that may make a person eligible for workers compensation insurance. A mental injury can result from a physical injury, such as depression from not being able to work, or large amounts of stress in the workplace. In extreme cases, a significant event can cause a person to receive workers comp benefits, if they witnessed a tragic event at work, such as a death or horrific accident. Occupational disease is the fourth and final injury related to workers comp insurance. An example of this is if a large number of employees developed the same type of disease or infection from working at the same place of employment.