How Workers' Compensation Works
After a Car Accident
Commercial auto accidents can lead to serious injuries and require a worker's compensation claim. Even if the worker is not at the job site, by driving the commercial vehicle, the worker is still performing job duties. If the accident wasn't the worker's fault, the employee is entitled to worker's compensation benefits for their injuries. By reviewing how worker's compensation works, the employee learns how to start a legal claim after a denial of the benefits.
Reporting the Accident
In worker's compensation claims, the worker has 30 days to report the injuries to their direct supervisor. If the worker doesn't report the accident or their injuries within 30 days, they cannot start a claim through the worker's compensation insurance.
After the supervisor sends the worker to the ER or an urgent care facility, the doctor must submit a medical report to the insurer within 10 days. Commercial drivers who were denied worker's compensation after a car wreck get started by contacting an attorney now.
Seeking Medical Attention and Getting a Medical Report
The doctor will assess the injuries identified by the worker. This could include a physical examination, blood tests, and x-rays. The results of the tests determine what injuries the person sustained and how long the recovery period is. If the person cannot return to work because of their injuries, the doctor must provide a medical excuse that is presented to the employer. All documentation is sent to the insurer for a complete evaluation of the claim.
How Long Will the Worker Be Absent During Recovery?
The recovery period determines how long the worker receives monetary benefits from the worker's compensation insurance. The monetary benefits start after the claims adjuster approves the claim. The benefits are between 80 to 90 percent of the person's wages, and the employee receives the benefits according to the terms of the insurance policy.
Does the Worker Qualify for Monetary Benefits?
The terms of the insurance policy define how long a worker can receive monetary benefits. For example, if the worker can do light-duty, the worker will be expected to work and won't receive the monetary benefits. The prognosis of the employee's injuries determines if working will cause more damage.
If the worker leaves the job, they can continue to receive the monetary benefits according to the current worker's compensation laws. However, the person cannot return to the same type of work as the previous job and continue getting the benefits. If the worker is denied these benefits and qualifies, an attorney can help them acquire benefits.
Why Was the Claim Denied?
If the worker's compensation insurer denies the worker's claim, the insurer must send a letter to the worker to explain the exact reason for the denial. Once the worker receives the denial letter, an attorney can review the information and compare the reason to current laws.
If the worker was denied for reasons that are illegal, the worker can start a legal claim to try to get compensation for their work injuries. However, if the employee played a role in causing the accident, the denial could have been justified.
Commercial drivers who have a car accident are entitled to worker's compensation benefits. By driving the company's car during business hours, the worker is performing job duties. In most instances, the employee is entitled to both medical treatment and monetary benefits. By learning more about the claims, the workers can get started on a legal claim after a denial.