Were you recently involved in a serious workplace accident? If so, you may have questions about what to do next. Attempting to navigate the process of filing a workers' compensation claim or pursuing damages from a negligent third party can be difficult without the help of an experienced personal injury lawyer, so we encourage you to find out how the team at Flanagan & Associates can assist you.
Below, you will find answers to some of the most common questions about workplace accidents, but if you wish to address the specific nature of your case with an attorney, we encourage you to give us a call.
How long will I have to file a workers' compensation claim?
After being injured on the job, it is recommended that you notify your employer immediately. If you fail to notify them within 30 days of realizing that you have been injured, your workers' compensation claim could be denied. If you wait too long, it might also give the insurer reason to believe that you are not as injured as you have claimed to be, or that your injuries were not actually sustained while at work. As long as your employer has been notified within 30 days, however, you would have four years from the date of your injury to submit a claim for workers' compensation benefits.
How long will it take to receive payments from the insurance company?
If you have been unable to work for at least five full days, your employer would have seven days (excluding Sundays and legal holidays) from the fifth day of missed work to report the injury to their insurance company. The insurance company would then have 14 days from the time they receive the report to mail you a check. If they intend to contest your claim, they would have the same amount of time to mail you a notice explaining their reasons for initially denying you compensation—at which point, it may be in your best interest to speak with an attorney.
The insurance company wants me to be examined. Do I have to go?
The simple answer is, yes. If the insurance company asks you to undergo an additional examination by a doctor of their choosing, you would be required to go. If you fail to do so, they would have the right to terminate your workers' compensation benefits. In most cases, you can expect the insurance company to make such a request, as they will typically want a second opinion; however, you would be compensated for any missed work if you need to attend a medical evaluation at the insurance company's request, and the appointment conflicts with your normal work hours.
If you have any further questions about your case, feel free to contact the Quincy personal injury lawyers at Flanagan & Associates for a complimentary consultation.