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Q: Will filing for workers’ compensation open the floodgates for a battle with my employer?

A:

Many people are conditioned to believe that filing any type of claim will result in an all-out war with their employers. Perhaps it is because of the horror stories in the media, or perhaps it is due to the plethora of workers’ compensation attorneys throughout the country, but the workers’ compensation claim filing process has earned a dark reputation.

In fact, most workers’ compensation claims—while admittedly stressful at times—are relatively uneventful. You will be able to tell a lot about how your claim will proceed by your employer’s behavior in the days immediately following your report about your injury. If you are immediately met with doubt and hostility, it is a good sign that you are in for a turbulent ride. If you find yourself constantly having to remind your supervisor to file your claim, you may be faced with a process that feels like pulling teeth.

For the most part, however, filing for workers’ compensation benefits should be a fairly easy process. Your biggest battle will likely be over finding an approved physician that you like, or discussing your wage loss income amount. Below are some things that might help you feel slightly more at ease about your workers’ compensation process:

  • You cannot be fired for filing for workers’ compensation. In fact, there are several laws that state your employer cannot retaliate against you because of your injuries. After suffering a workplace injury, you are entitled to time away from work to heal, and you have a right to file a workers’ compensation claim—period.
  • You probably won’t even have to go court. Don’t expect a massive legal battle. Based on most workers’ compensation claims, the odds are good that you will be able to reach a settlement with your employer without ever stepping foot in the courtroom.
  • Your workplace accident will probably be investigated, but not in an effort to incriminate you.  Most responsible employers will investigate accidents in the workplace in an effort to discover what happened and prevent future accidents. Don’t be nervous if your coworkers are approached to discuss your accident—it is merely to find out how you were hurt, and how to prevent others from suffering the same fate!
  • If your claim is denied or you feel like there was a mistake, you can do something about it! As an injured worker, you have the right to appeal a denial or contest a mistake in your benefits—just make sure that you have a strong legal team on your side!

As workers’ compensation attorneys, we are not in the business of trying to make your case a massive battle—we are there to make sure your rights are protected even in the best scenarios. Don’t wait to call us until you are in a legal jam—our team can help you navigate your workers’ compensation claim from the start, helping you ensure that your claims process goes as smoothly as possible.

To schedule a free consultation with Schmidt Kramer today, simply call our office or click on the live chat link—you will be connected with a firm representative that can connect you with your personal legal team!

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