When an employee is injured on the job, the employee must prove that he or she is entitled to and qualify for workers’ compensation benefits, which is a little-known aspect of the workers’ compensation claim process. Because the injured worker bears the first burden of evidence of eligibility, an experienced workers’ compensation attorney can help compile the essential information at the start of the claim process and ensure timely submissions. If you would like to learn more about this, please check out Montagna Klein Camden, L.L.P. – Norfolk Workers Compensation Attorney
The following are some of the items that must be proven in order to file a workers’ compensation claim in general:
That the injured employee reported the accident or injury to his or her employer within the legal time frame. Demonstrating that the employer was and was required to be covered by the Workers’ Compensation Act at the time of the accident. The on-the-job injury caused or aggravated the medical problems for which benefits are being sought.
That the injured person was working for the company at the time of the accident. This is especially significant for contractors who work on their own. That the injuries occurred while the employee was performing approved work for the company.
Even if the initial proof of claim is correctly documented and submitted, considerable conflicts over the initial level of eligibility or the continuation of eligibility can emerge, as with any programme in which potentially enormous quantities of money may be paid out. Eligibility for initial or ongoing benefits may be contested over a variety of concerns, including but not limited to: The intensity and type of injuries or disabilities. The degree to which the employee’s alleged work restrictions are linked to the alleged injury.
If the therapies given were justified/required
The prices of treatment, therapies, and medications that have been submitted. If the employee is capable of completing his or her previous job, and if not, what task is the person capable of performing. Benefits have been terminated and/or employment has been terminated.