Introduction...
If you’ve been injured on the job, your workers’ compensation claim will stumble and saunter its way through the workers’ compensation system. It will seem that all you do is wait for something to happen. When you request medical treatment, you may wait weeks for a response. You may wait for a doctor’s appointment, then wait for the medical report. And if you file for a hearing before the Workers’ Compensation Appeals Board, you may wait months for your hearing date.
And so it will go. At every turn, it is likely to take months before anything is accomplished. Unfortunately, it probably won’t make you feel much better to realize you are not alone. An average workers’ compensation case takes two to three years to be resolved. And many cases take much, much longer.
It probably won’t come as a surprise that the workers’ compensation system is bureaucratic: Lots of forms, reports, and other documents are shuffled through what sometimes seems like an endless maze. Above all, the workers’ compensation system is confusing. It’s fraught with rules and regulations—and it sorely lacks understandable information for the injured worker.
This chapter helps take the mystery out of the workers’ compensation system by clearly outlining the steps involved in a "typical" workers’ compensation case. Inevitably, there will be some variations depending on your particular situation and whether or not you’re represented by an attorney. But the basic steps are usually similar in all workers’ compensation cases.
Death Claims. If you were totally or partially dependent upon someone who died due to an industrial injury, you may have a workers’ compensation claim for death benefits. Skip ahead to Chapter 15.
Step 1. Notify Your Employer of the Injury
If you sustain a work injury, notify your supervisor or boss of the injury at your first opportunity. If your injury developed over a period of time, as with a repetitive stress, or cumulative trauma, injury, notify your employer as soon as you have symptoms and realize you’ve been injured as a result of your job.
Although you may initially tell your supervisor orally of the injury, it is important that you also give your employer written notice within 30 days of the injury. This will prevent any misunderstanding about whether or not you reported the injury and will protect your right to workers’ compensation benefits.
If you have a union representative, contact that person right away; you may need help obtaining additional benefits that are secured by a union contract. (Your union representative may be instrumental in protecting your legal rights should your employer attempt to terminate you because you can’t return to work for a while. Also, some employers may have salary continuation agreements for union members injured at work.)
Make certain that you complete any required inhouse accident reports. Also, review any accident reports prepared by your supervisor or employer for accuracy, and obtain a copy for your records. If you disagree with the report, write your employer a letter explaining your position. (Chapter 5 takes you through all the rules and procedures involved with reporting your injury and filing a claim.)
Step 2. Get Medical Treatment If Needed
It is important to promptly seek medical treatment if needed. Not only will prompt medical treatment protect your health, but it will establish a medical record of your work injury.
If you gave your employer the name of your own doctor before your injury ("predesignated your treating physician," in workers’ compensation jargon), you may go to that doctor under certain conditions (see Chapter 9,Section B1)
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