Steps to Take When Filing for Workers’ Compensation in Largo
A proper start often ensures a successful result.
Following the right steps when filing a workers’ comp case in Largo is more important than ever. Seven straight years of premium declines have drained money from the system. So, if possible, Claims Examiners want to weed out claims before addressing their merits. Every insurance company has its own procedures, which injured employees must follow. However, this post gives people a general outline, so they do not have to start from square one during a very trying time.
The aftermath of a work-related injury might be the most trying time a family faces. Claims Examiners are so stingy, medical bills are so high, and many families live hand to mouth. A Largo workers’ compensation lawyer helps claimants start on the right foot. Later, an attorney advocates for victims, so they get fair settlements. This advocacy requires hard work in the office and skilled negotiations during settlement talks.
Work-Related Injury or Illness
Usually, workers can file comp claims if they have work-related injuries or illnesses. Usually, an injury or illness is work-related if it was connected to the victim’s employment and a limited workers’ compensation defense didn’t apply.
Work-related usually means the employer benefited in some way. An injury at a company softball game is usually work-related, regardless of the victim’s job description. The company benefits if its workers are healthy and happy. Furthermore, a softball game is basically advertising (name on the scoreboard, name on the jerseys, etc.)
In most cases, injuries that occur while the victim is under the influence of alcohol or drugs are not work-related. Just because victims have drugs or alcohol in their systems, that does not mean they were under the influence of those substances.
If a pre-existing or non-work-related condition affected the work-related illness or injury, a Largo workers’ compensation lawyer can usually still obtain maximum benefits. A lawyer must simply prove the work-related incident was the primary cause, as opposed to a contributing cause, of the injury or illness.
Workers’ compensation benefits usually include lost wage replacement and medical bill payment. The insurance company typically pays two-thirds of the victim’s average weekly wage and all reasonably necessary medical expenses.
Filing a Claim
Once again, the filing procedures vary in different cases. Usually, however, the victim must report the injury or illness to the supervisor in writing within ten days.
“Supervisor” usually means immediate supervisor. Some policies require additional notice. Furthermore, an email or text message may not be “written notice” as defined in the plan. The best practice is to immediately send an email or text and follow up with a “snail mail” notice. Insurance companies usually require certain information and often require victims to use boilerplate forms.
The tight filing deadline usually isn’t a problem in trauma injury cases like a motor vehicle collision. However, the deadline could be a big problem in an occupational disease claim, like hearing loss.
Most people do not see their doctors as soon as they have hearing loss symptoms. Additionally, most doctors don’t immediately diagnose hearing loss as work-related. By the time these things happen, the claims deadline has usually passed.
A variation of the delayed discovery rule generally applies in these cases. Victims must only file claims when they know the full extent of their damages and when they connect those damages to the work environments.
Work With a Savvy Pinellas County Board Certified Workers Compensation Lawyer
Victims need and deserve compensation for their injuries. For a confidential consultation with a Board-Certified workers’ compensation lawyer in Largo, contact the Rooth Law Firm. You have a limited amount of time to act.