How to File a Workers’ Compensation Claim in Evanston
Workers’ compensation is a federally mandated insurance program that is operated by each state according to how the state legislature thinks works best for them. Some Evanston workers’ comp programs are state maintained and controlled, while others allow private insurance companies to provide the coverage.
The type of system your state uses matters greatly, although much of the initial filing responsibility resides with the employer. There are both good and bad aspects of this system, especially when the employer wants to contest the injury claim in an effort to hold premium costs to a minimum.
But, employees do have collection rights, even though many times it takes an experienced workers’ compensation attorney to receive proper benefits.
Report the Injury to Your Employer
State law varies greatly regarding when a workers’ compensation claim may be filed. For individuals who are injured in a company facility while performing job duties, the process is relatively simple.
The accident is reported immediately, followed by an investigation by the employer. This is actually where problems often begin because many employers want to avoid the claim.
In serious situations when emergency medical attention is necessary, the ambulance report serves as documentation and the employer has little resort for contention.
But, when injuries occurred to a former employee and are being claimed later, cases can get complicated. The state statues can matter greatly for work injury claims after leaving employment and will always require the assistance of an experienced workers’ compensation attorney.
Filing a Claim Personally
Luckily, workers compensation claims can be filed personally when an employer refuses to do so or if the injury occurred in prior employment. However, the injured claimants are usually denied routinely without legal counsel.
In states that accept workers compensation claims via a state oversight board, it is firstly a process of informing the state board of the injury along with all medical evidence.
Your case will actually be based primarily on medical evidence in any situation, and the only benefits available through the workers’ compensation insurance program will be wage replacement and coverage for medical bills.
In states utilizing the private insurance company structure, it will be necessary to contact the employer or their insurance provider and inform them of the injury claim.
Once again, this can be contentious without a legal representative, and workers’ compensation insurance companies are historically difficult in many of these situations. This process commonly does not go smoothly.
Always Consult with a Workers’ Compensation Professional
Although the design of the workers’ comp program is for benefits to begin quickly and employers to be insulated against high-value personal injury claims, both employers and their insurance companies have plenty of incentive to make the process difficult unless the employer or company is negotiating in bad faith or the employer has been legally non-compliant in the workplace.
These cases can actually result in a lawsuit in a standard court requesting pain-and-suffering financial recovery along with punitive damages when an experienced workers’ compensation attorney can prove gross negligence or bad faith against either defendant.
Never handle a difficult workers’ compensation case personally. Always get solid representation, especially in serious medical situations.