If you’ve been injured at work to the point where you need medical treatment or have suffered a loss of earnings, then, in theory, it should be relatively straightforward to get that money back – and if you work for a good employer, it will be.
Simply seek the treatment you require with your employee’s agreement, fill out a couple of forms, and the sooner you submit them, then sooner you should be paid.
Sadly, there are plenty of unscrupulous employers and insurers out there who will try and get out of paying you a cent for the trouble and strife they’ve caused. When this happens, then you need to take action to ensure that you get the compensation that you are entitled to.
Here’s what you can do to secure the payout you are entitled to.
Appeal against non-payment
The most important thing to remember is that you shouldn’t take “no” for an answer. Your first step is to launch an official appeal against any non-payment.
If you’re covered by the Federal Employees Compensation Act, then you may request an oral hearing or review of your application from the Branch of Hearings and Review. Alternatively, you can write to the District Office which considered the case to request a reconsideration.
If you aren’t covered by FECA, then the process is similar but can vary from state to state. You will always have the option to appeal though, and you should always take it.
When your employer does not have Workers’ Compensation
In virtually every industry in the United States, it is illegal to hire employees without providing them with Workers’ Compensation insurance. The trade-off for this is that employees who are signed up for Workers’ Compensation cannot sue their employer for negligence.
Of course, if your employer has failed to provide the required insurance to you, then you can take them to a civil court and chances are you will stand a very high chance of winning significant compensation given the seriousness of the offense.
As a result, you should speak to a personal injury attorney such as Schuller Law Office in Toledo, oh, who can help ensure that you receive the maximum payout for any injuries or damages. Never accept an out-of-court settlement from your employer if they haven’t supplied the necessary insurance in lieu of your injury.
How to claim in the case of third-party damages
You wouldn’t receive a payout from your employer if the injury or accident happened as a result of somebody else’s negligence, such as a co-worker or a visitor to the office or warehouse that isn’t covered by Workers’ Compensation insurance.
Instead, you’ll need to file a third-party claim for personal injury damages. Again, the best way to proceed in this case is with a personal injury attorney by your side to advise and guide on the best way forward.
A good lawyer will identify what you are entitled to, explain it all clearly to you and then go about making sure that you end up getting the payout you deserve.
