When you are injured at work it can be very upsetting. The first thing you should do is try and compose yourself and seek medical attention. You should also advise your supervisor as soon as possible. You should ask to fill out an accident report. You should also obtain any statements from witnesses who saw the accident. From the time you discover that your injury or illness is work-related, you have 120 days to notify the employer. Filing a workers’ compensation claim is similar to filing an insurance claim. It is not a lawsuit against the employer, but rather a request for benefits.
The employer has 21 days after they are advised of the incident and receive notice of the incident to deny, allow, or temporarily allow for 90 days while they investigate the claim. If they temporarily allow the claim you must get treatment with the company doctor for the first 90 days. If the employer temporarily allows the claim it will convert to an allowed claim after 90 days if the employer does not reject the claim. If the employer denies the claim you will have to file a claim petition. You have 3 years from the date of the injury to file. If you file a claim petition you will have to attend hearings in front of a judge to present your case. You will need evidence from your doctor which supports your claim.
If your claim is allowed you can collect benefits if you are on medical leave for more than 7 days. If your employer provides a list of doctors you must get treatment with one of them for 90 days. After 90 days you can go to your own doctor.
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Injured on the job? Our legal team at Metzger Wickersham can help you with issues of notifying your employer and fight for the maximum compensation to which you are entitled. Call today at (888) 286-2850 or contact us online for a free, no-obligation consultation.