Understanding Workers' Compensation

    NORFOLK, VA, April 17, 2013 /24-7PressRelease/ -- Workers' compensation is a system designed to protect employees from the financial fallout of a serious work-related injury. Unfortunately, employers and insurers sometimes use the system's complexity against injured employees, either denying or minimizing benefits for a wide variety of reasons.

Navigating the complicated world of employment law requires the assistance of an experienced workers' compensation attorney. However, it's important to be as informed as possible about workers' compensation yourself, so you understand what to expect from the process.

Reporting Your Work Injury

Typically, employees must report their injury to their employer within 90 days of the accident - or within 90 days of the date the employee discovered the injury. For example, if symptoms of a traumatic brain injury did not become apparent until months later, the 90-day period would start on the date the injury was discovered.

This legal notice/report does not have to be in writing, although it helps to document it in writing to strengthen your claim in case your employer denies being notified. It is also important to report your injury as soon as possible. The longer you take, the easier it will be for your employer to deny your workers' compensation claim by insisting that your injury must have occurred outside of work.

The Importance of Your Medical History

Many workers' compensation cases are lost or disputed because of incomplete or inaccurate medical histories provided by the injured employee. If you are injured at work, it is essential that you inform your doctor of the injury's relationship to your job, so you can obtain detailed documentation to present in support of your claim. Your examining physician should write down clear explanations of diagnosis and treatment in case your claim goes to litigation.

Sickness and Accident Forms

Your employer may ask you to complete a sickness and/or accident form while they are determining whether or not to pay you workers' compensation benefits. One of the questions on this form will ask something like: Do you believe your injury (or disability) was caused by your work? You should clearly state "yes." If you are truly still uncertain about whether or not your injury was actually job-related, answer: "I am uncertain at this time. I am waiting for medical advice."

Protecting Your Rights

Even if your employer refuses to pay you workers' compensation benefits for your injury or disability, you should never accept this as the end of your right to pursue a claim. In too many cases, the employer's decision - based on their analysis of the incident - is incorrect. The ultimate decision should be made by a magistrate after a workers' compensation hearing, or through negotiations between your attorney and your employer's attorney.

If you would like more information about workers' compensation and employment law, please visit the website of the experienced Norfolk Virginia employment lawyers at Kalfus & Nachman, Attorneys at Law at www.kalfusnachman.com.

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