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Workers' Compensation Insurance
File and Appeal a Workers' Compensation Claim
 
 More of this Feature
• Part 1: Workers' Compensation Eligibility and Benefits
 
 Similar Resources
• Am I Entitled to Severance Pay?
• Collecting Unemployment Insurance
• Collecting Social Security Disability Insurance
• Drug Testing in the Workplace
• Landing a U.S. Government Job
• Research State and Federal Labor Laws
• Welfare to Work
• What are Severance Package Benefits?
• What's Wrongful Termination?
 
 Elsewhere on the Web
• Federal Employees' Compensation Act
• Federal Law
• Information Guide for Federal Employees
• Legal Overview
• State Law Summaries
• State Law Tables
• Workers' Compensation Federal Office
• Workers' Compensation State Offices
 

File a Workers' Compensation Claim

  • Get medical attention right away.
  • Officially notify your employer (usually, the HR department or your supervisor).
  • File a claim with the Workers' Compensation office.

Even if your injury or illness seems minor, you never know what might develop later as a result. So, you'd be wise to get it on record by notifying your employer and filing a Workers' Compensation Insurance claim. Your employer might require you to see their doctors, so if it's practical and not an emergency, be sure to check first. (If it's an emergency, get medical attention right away at the nearest medical facility.) Your state might have limits on the time you have to notify your employer and file a Workers' Compensation claim, so it's a good idea to act right away.

Your employer might provide you with the forms and instructions to file a Workers' Compensation claim or you can get them from your local state office. You can find it in the state government section of the white pages phone book from your phone company, and on the Web. The U.S. Department of Labor maintains a list of office addresses, phone numbers and Web links by state.

Federal employees should contact the closest Federal Employees' Compensation District Office. Since they are district offices, they might not be listed in your local phone book, but they are on the Web.

Appeal a Workers' Compensation Claim

If your employer disputes your benefit claim, you may ask for a hearing in front of the Workers' Compensation board. If you lose, you may appeal to take your case before a Workers' Compensation Administrative Law Judge. If you still lose, you might be able to take it to court in the judicial system.

Whether or not you'll need a lawyer along the way depends on the complexity of your case. But it's a good idea to have a lawyer by your side when you stand before an administrative or court judge. See a lawyer who specializes in Workers' Compensation or labor law.

To look up your state's Workers' Compensation laws in brief, click State Law Summaries and State Law Tables in the sidebar. For more details, visit the site of the Workers' Compensation office for your state.

On a related matter, if your employer terminates you because you filed a Workers' Compensation claim, you might have a wrongful termination case for the courts.

Workers' Compensation Insurance
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Workers' Compensation Insurance offers general information only and is not intended as legal advice. Neither the author nor publisher are engaged in rendering legal services. Please see an attorney for legal advice. Because laws vary by state and are subject to change at both the state and Federal levels, neither the author nor publisher guarantees the accuracy of this article. Should you act based on this information, you do so at your sole risk. Neither the author nor publisher shall have any liability arising from your decision to act on this information.

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