What should I do to get worker's compensation? 27 Answers as of January 15, 2013

Got injured, then fired the next day, insurance not contacting me back what rights do I have ? What’s my next step?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a workers compensation lawyer. He/she will know exactly what to do. You may also want to talk to someone about a wrongful discharge or employment discrimination.
Answer Applies to: Michigan
Replied: 1/15/2013
KEYL ADR Services, LLC | Mark D. Keyl
If you have the insurer information, contact them. Otherwise, contact the state agency that handles workers' comp in your state.
Answer Applies to: Mississippi
Replied: 1/13/2013
A. Dawn Hayes & Assoc. P.A.
A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
the State of Florida Employee Assistance Office. They will contact the insurance company on your behalf to get the ball rolling. If your claim is denied, you will need to contact an attorney who specializes in WC cases, to assist you in obtaining benefits.
Answer Applies to: Florida
Replied: 1/7/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Frankly they will probably ignore you until you hire a lawyer and file the claim. It's really that simple.
Answer Applies to: Iowa
Replied: 1/5/2013
The Law Offices of Mark Wm. Hofgard, Esq.
The Law Offices of Mark Wm. Hofgard, Esq. | Mark William Hofgard
In Arizona visit www.ica.state.az.us to learn about your rights. Worker's Compensation claims are handled exclusively by the Industrial Commission of Arizona (ICA). When you visit the doctor, make sure to tell the doctor that the injury was work-related. You will then receive a "pink form," and signing this is the equivalent of filing a worker's compensation claim. If you did not complete and sign this form, then contact the ICA and ask for a Worker's Report of Injury to make the claim with the ICA. You can download the ICA's booklet entitled "Worker's Compensation Information for the Injured Worker." You have one year to file your claim. After you file your claim, the insurance company has 21 days to accept or deny the claim. If your claim is denied or you disagree with the insurance company's decision, you can file for a hearing with the ICA. You must do this within 90 days after the insurance company's notice to you. This is very important, because if you do not request a hearing within this time frame, the insurance company's decision is final. If you hear nothing from the insurance company, you should request a hearing after the 21 days have expired.
Answer Applies to: Arizona
Replied: 1/5/2013
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    Call an attorney.
    Answer Applies to: Michigan
    Replied: 1/5/2013
    Steven Miller | Steven Miller
    Get a workers compensation attorney. I would suggest contacting your local county bar assn, they normally have a fee lawyer referral program.
    Answer Applies to: California
    Replied: 1/5/2013
    Ken Love Law | Kenneth Love
    Call a worker's comp attorney...this is too complicated to handle alone.
    Answer Applies to: North Carolina
    Replied: 1/5/2013
    Shean Law
    Shean Law | John Shean
    You need to contact a good worker's compensation attorney in your area. You may also have a claim for retaliatory discharge for getting fired because you were hurt on the job. If you want to do all of this on your own, contact the Indiana Worker's Compensation Board at (800) 824-2667.
    Answer Applies to: Indiana
    Replied: 1/5/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can go to the S.C. workers Compensation Commission website and get the forms to file a workers compensation claim. The better course would be to retain an attorney do it for you.
    Answer Applies to: South Carolina
    Replied: 1/5/2013
    Nancy Wallace, Attorney at Law
    Nancy Wallace, Attorney at Law | Nancy Wallace
    (1) GET OFF THE PHONE. Phone calls are ignored (yes, no legal requirement any insurance adjuster ever call you), plus you can't prove you provided any specific information or requests unless you tape every conversation with advance notice of taping; (2) GET ON THE WORD PROCESSOR/TYPEWRITER: put EVERYTHING in writing. Put that you gave written notice to your employer of the work injury prior to termination in writing to both the employer and the insurance company. FAX that letter to both the employer and the insurer. Keep a copy of that letter and both Fax Transmission reports. You will likely have to show a Judge this letter and the fax transmission reports in a couple of months. (3) GET A COPY OF THE MEDICAL EVALUATION REPORT: presuming you went to the doctor the date you were injured, you'll need chart notes and/or a PR-1 or Doctor's First Report of Occupational Injury form to prove you were hurt as you claim you were hurt and that you gave notice of this injury to the employer prior to being terminated. IF YOU failed to put anything in writing prior to termination, your claimed is going to be denied as a Post-termination claim. Claims submitted after termination are considered Non-Compensable. IF YOU FAILED to see a doctor prior to the termination date, you'll have trouble proving there was any work injury at all. One way to 'get around' the problem of reporting an injury verbally and being terminated just after is getting Medical Records showing you went to a doctor promptly and reported this injury to the doctor, and the doctor actually found something wrong...medical notes and chart notes can serve to make a post-termination claim compensable.
    Answer Applies to: California
    Replied: 1/5/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Report the claim to the NC Industrial Commission in Raleigh.
    Answer Applies to: North Carolina
    Replied: 1/5/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Hire a workers' compensation lawyer right away.
    Answer Applies to: Florida
    Replied: 1/5/2013
    Steven Kalishman, P.A.
    Steven Kalishman, P.A. | Steven J Kalishman
    Getting fired should not prevent you from getting workers comp benefits. They are probably ignoring you because you do not have a lawyer.
    Answer Applies to: Florida
    Replied: 1/5/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You probably have the right to Workers Comp. and to your job back if you were fired because of the injury. If your employer is not cooperative, you can find a lawyer who is experienced in Workers Comp. matters. Check your yellow pages or online.
    Answer Applies to: Wisconsin
    Replied: 1/5/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    IF you were injured on the job and it was reported to the job immediately you should contact an attorney.
    Answer Applies to: New York
    Replied: 1/5/2013
    Legal Services LA
    Legal Services LA | Shirin Behrooz
    After you file a claim, the insurance company has 90 days to accept or reject a claim. Your doctor must have also filed a report of injury. If there is no response, it is presumed to be accepted. If there are disputes, the next step is to resolve via the Workers Compensation Appeals Board.
    Answer Applies to: California
    Replied: 1/4/2013
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