Personal Injury Law

Getting the Benefits You Deserve from Workers' Compensation

By Flaxman & Lopez

If you have been injured in the workplace, whether it is a burn injury, brain injury, broken bone, spinal cord injury or other injury, your main priority is to get better as fully and as quickly as possible. Unfortunately, many injured workers have a hard time making claims under workers? compensation or getting the full benefits they are entitled to by law. Part of the problem is that rising rates of insurance fraud have insurance providers tightening rules. Trying to work your way through red tape can be difficult, especially if you are injured and focused on getting better. However, there are things you can do to make the claims process easier:

1) If you have already been denied the benefits you think you are entitled, quickly file an application to have an administrative hearing with the workers' compensation board for your state. Also, consider speaking with a good attorney who can represent you with the insurance provider. Speed is essential, here, however. The longer you wait, the harder it will be to file for those benefits.

2) Make certain that a workers' compensation report has been correctly filed by your employer. Ask for a copy of the report for your records. If there are any errors on this report, this might be the cause of many hassles and problems.

3) Look over your workers' compensation file and make copies of your file. Make sure that everything in your file is accurate and contains no errors.

4) Check your medical records and make three copies for yourself. Make sure that your medical records include test results, your doctor?s narrative of the case, and the medical form your doctors has sent to workers' compensation. Make sure that all the forms your doctor has filled out are correctly filled out. Errors on forms can affect your claims and delay benefits. Make certain that your medical records and reports clearly outline how your injury was caused by or at work, what treatment is needed for the injury, a detailed description of the prognosis, and a rating of any permanent or partial disability. Without this information, insurance providers can dismiss your claim or allege that the injury was not serious or not caused by your

5) If you have suffered depression or any other mental disability because of your injury, make sure that is documented by a professional. You can make claims on these injuries as well, but documentation is a must.

6) If you think your employer or insurance provider has committed fraud that might be affecting your claim, or if you think you have been the victim of medical fraud, report the fraud to the workers' compensation board or your State?s Office of Professional Medical Misconduct. Also, hire a qualified attorney to ensure that the fraudsters do not affect your claims. You should not have to face smaller benefits due to someone else?s behavior.

Full post as published by Florida Injury Lawyer Blog on April 03, 2009 (boomark / email).