How to Protect and Preserve Your Work Comp Claim

worker in hard hat

Did you know that just telling your employer that you were injured on the job does not open a claim or preserve your right for compensation? A workers' compensation claim's complicated, often perplexing landscape can leave many employees confused and left out in the cold. If you've been hurt on the job, you need to know what measures to take to do to preserve your claim and protect your rights. This blog will demystify the process by discussing the procedures that will help you obtain the benefits to which you are entitled, including possible lump-sum settlements.

Important Takeaways:

  1. Report the Injury: The first step in preserving your work comp claim is to report the accident to your employer within 30 days of the incident. Delayed action may risk your potential benefits. However, this step is not enough to preserve your claim for compensation.
  2. Claim for Compensation: A Claim for Compensation can only be filed by you or your attorney with the division of workers' compensation.
  3. Statute: This claim has a two-year statute of limitations, or one year from the date of the last payment is made. Discuss the details of your case with your attorney since there are exceptions and other factors that may impact your time to make a claim.
  4. Filing a Claim: You and your attorney can start the process with the administrative court and move closer to a resolution by settlement or a hearing by filing a claim.
  5. Case Completion: The matter is not deemed closed until the Compromise Settlement Stipulation is signed and approved by the Judge.

Promptly Report the Injury

As an employee, you must notify your employer of any working injury. If you do not, your workers' compensation payments may be jeopardized. Reporting the accident promptly also allows you to document the injury while the circumstances are still fresh in your mind, which could be critical evidence if your claim is subsequently disputed.

Recognize the Employer's Role

While your employer is required to file a Report of Injury with the division, this does not open a claim or protect your rights. The employer only files a claim with the insurance carrier, and not the Missouri Division of Workers' Compensation, which, once again, does not ensure your rights and benefits.

Making a Compensation Claim

It is your responsibility, or the responsibility of your attorney, to open or file a Claim for Compensation with the Division of Workers' Compensation. This has a two-year statute of limitations or a one-year period from the previous payment. Talk to an attorney regarding your time frame since there various factors that may impact the timing of filing a claim.

Filing a claim permits you and your attorney to preserve your rights and also continue to move forward toward final settlement with the help of the judge on any contested topics. This procedure is critical for preserving your rights and benefits, which may include a lump-sum payment.

Bringing Your Case to a Close

Your case is not concluded until you, your attorney, and the administrative law judge sign and approve the Stipulation for Compromise Settlement. It must then be submitted to the division. This settlement form is frequently the outcome of parties' negotiations and serves to resolve the claim in a way that all parties believe is fair.

Remember that it is in your best interests to speak with a qualified personal injury attorney who focuses in workers' compensation cases to help you navigate the process. The attorneys at Aaron Sachs & Associates, understand these essential steps will help you better safeguard and preserve your work comp claim, ensuring you obtain the benefits to which you are entitled to receive. Never be afraid to assert your rights following a job injury.

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