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Workplace brain injuries can cause severe long-term effects on an individual’s health and may require ongoing medical treatment. To be financially protected and receive appropriate compensation from your workplace, it’s essential to know how to file a claim for a workplace injury.
Time is of the essence when it comes to filing a claim for a workplace brain injury. You must file a claim within one year of the date of injury. Promptly notifying your employer about the incident is crucial as it ensures that evidence and accurate information are preserved.
“It is the injured worker’s responsibility to file a claim within one year of the date of injury. The injured worker should also notify the employer as soon as possible that a work-related injury has occurred.”
If there are any surveillance cameras or photographs of the incident site, obtain these records as they can serve as useful evidence. Additionally, take photographs of your injuries and any safety violations or hazards that contributed to the accident.
Talk to coworkers and other individuals present during the incident. Collect their names, contact information, and written statements on what they observed. The more supportive witnesses you have, the stronger your case will be.
Keep a comprehensive record of all medical treatments, bills, and diagnoses related to your brain injury. This information can help calculate the financial compensation you may be entitled to.
You may be eligible to receive compensation for lost wages due to your inability to work after the injury. Keep a record of the days you missed work, along with any wage statements or pay stubs to demonstrate your financial losses.
To begin the claim process, you must first seek adequate medical care for your workplace brain injury. While at the doctor’s office, ask them to help you complete a Worker’s and Physician’s Report of Injury form. Your doctor’s evaluation of your injury and recommendation for further medical care is essential for the workers’ compensation claim.
Employers must also file an Employer’s Report of Injury to the ICA as soon as they are notified of the brain injury by the employee. Timely filing by employers helps ensure that workers receive prompt medical attention and compensation. Follow up with your lawyer to make sure they submit this.
Upon submission of the Workers’ Report of Injury (either by the worker or the physician) and the Employer’s Report of Injury, the carrier is notified of the claim. The insurance carrier then becomes responsible for processing the claim and providing the appropriate benefits, assuming the claim is accepted.
Once the workers’ compensation insurance carrier receives the claim, they have 21 days to either accept or deny it. During this time, the injured worker may be required to attend evaluations and examinations to determine the validity and extent of their injury.
Communication between the injured worker, their employer, and the insurance carrier should be maintained throughout this process, as any delays or missing information can negatively impact the claim’s approval.
If the insurance carrier accepts the claim, they are responsible for compensating the injured worker and paying for their medical bills. The Arizona Fee Schedule determines the amounts and limits on compensation and medical bill payments. Employees should be aware of their rights under this schedule, as it can provide valuable information about the benefits they may be entitled to receive.
If the insurance carrier denies the claim, the injured worker has the right to appeal this decision by filing a Request for Hearing. This request must be submitted within 90 days from the date the carrier denied the claim.
Brain injuries can be a life-changing and overwhelming experience, but following these steps can increase the chances of your claim being accepted and receiving the compensation you deserve.