Employers may be charged interest if they initially deny a claim that is later found to be valid. How do you receive this compensation?
There are certain procedures mandated by the United States Department of Labor that must be followed when you are hurt at work. As an employee you have a responsibility to report the injury within a certain time frame and follow the direction of management as to where you may seek medical attention. Employers have obligations that must be met as well. They have a duty to provide you with a list of medical facilities available and to report the injury to the board. They are also charged interest if they initially deny a claim that is later found to be valid. If your workman’s compensation claim has been denied by your employer, there is a chance that their decision could be overturned. Speak with a Missouri workman’s compensation attorney as soon as possible to start working on getting your rightful compensation.
Carefully Follow All Procedures
The insurance carrier for your employer’s workman’s compensation insurance will look for reasons to deny the claim. It is critical that you follow all the steps in order to not give them cause. Not reporting the injury immediately is one of the biggest mistakes made by employees. Obviously, if the injury is a result of a sudden accident, your employer should be aware of it; but you do still need to file an accident report with them. Repetitive injuries are usually the ones scrutinized as in some cases they may be caused by factors in your everyday life and are not the result of a sudden accident.
Receiving Medical Care for Your Injury
Your employer has the right to dictate where you get your medical care for a work related injury. If you choose to use a different doctor, you are jeopardizing your claim. You may make the request to change in writing, but they are under no obligation to allow it.
There are dozens of reasons why a claim could be denied. As mentioned above, not reporting the injury is one. They may also question the nature of the injury and attempt to claim that it was not related to your work duties. At this point, you will need a Missouri workman’s compensation attorney to step in for you. Medical experts will most likely be necessary to help you prove the employer otherwise.
Interest Paid By the Employer
When you are injured at work, the employer has the responsibility to pay for your medical treatment as well as a portion of any lost wages. If they deny this, and your claim is later found by the board to be valid, they will be required to compensate you for all of that. In addition, since they wrongfully denied your claim, the court can mandate that interest on that money be paid by them as well. For example, a Missouri factory worker who suffered from carpal tunnel syndrome was denied all workman’s compensation benefits by her employer. After hearing her case, the board validated her claim, awarding $265,000, plus 9% interest, starting from the day she reported the injury.
Missouri Workman’s Compensation Attorney
As an employee, it is a good idea to familiarize yourself with the way that workman’s compensation works for you. You do not want to let one small misstep on your part invalidate your claim. If it is denied, The Law Office of James M. Hoffmann, L.L.C may be able to help turn that decision around and we may get it done with interest.
Contact The Law Office of James M. Hoffmann, L.L.C. at (314) 361-4300.
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