Tips For Getting Workers' Comp

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Sherrie Bennett

Recovering from a work-related injury is difficult enough without having to wind your way through the confusing workers' comp maze. Here's a checklist to help bring your claim to a successful end:

Make sure that your employer actually filed a workers' comp report, and get a copy of it.

If the insurance company denies you the benefits you deserve, move quickly to file an application for an administrative hearing with your state workers' comp board.

Review your workers' comp file to see what's there.

Make a list of everything that's in your workers' comp file. Make copies of items that are important to your case.

Make three copies of your own medical records. This should include your physician's narrative and/or a copy of the medical form he or she sends into workers' comp and copies of the results of any tests. Keep one copy at home so you always have one.

Always make sure your doctors fill out the medical forms properly and fully to avoid having a hearing held up because a doctor forgot to check a box or answer a simple question.

Make sure your medical reports include how the injury is related to employment, the full diagnosis of the injury, the course of treatment, and any permanent or partial disability rating.

Fully document any mental disability, such as depression, that has resulted from your injury.

If you suspect fraud on the part of your insurer or employer, report it to the fraud unit at the workers' compensation board.

Report medical fraud, also, to the State Office of Professional Medical Misconduct.

If you were fired within a year of filing a claim and feel you were discriminated against, file a termination discrimination complaint.

If you think that your insurer acted improperly, file a complaint with your state's Department of Insurance.

If you feel that you're being discriminated against, file a complaint with the Equal Employment Opportunity Commission.

If you believe you're in an unsafe work environment, make a complaint with the Occupational Safety and Health Administration.

Always save your "notice of decision" letters informing you of the judge's decision and how many days you have to appeal. Note the name of the judge.

Find out who your claims examiner at the workers' compensation board is. They usually try to help injured workers.

You have a right to be retrained. Contact the local rehabilitation social worker at your workers' compensation board.

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