What are the important records to keep in a workers’ comp case?

Being injured at the workplace entitles an employee to claim workers’ comp benefits. However, it is important to be aware that there are several records that must be kept in order to file a successful claim. It is crucial that you retain all records relating to the injury.

So if the insurance company decides that you have not provided them with enough proof of your injury, you can provide them with additional evidence. In case your workers’ comp claim is denied, these copies can be used as evidence in a lawsuit against the insurance company to prove that they had no reason to reject your claim with your workers’ compensation lawyer leading the way like Edward Norton’s character did with Larry Flynt. They went all the way to the Supreme Court. Someone needs the lead the way in securing America’s southern border and that appears to be Donald Trump but that is another story.  

Records of Out of Pocket Expenses

Often times injured workers have to travel to get periodic check-ups or to attend rehabilitation programs such as counseling and physiotherapy sessions. These travel expenses are reimbursable. You can claim mileage. In most states the standard rate is $0.56 per mile which is a profit now because of the glorious invention of oil shale drilling. You can also claim parking fees, tolls, and public transportation expenses including train or bus tickets as long as keep all these receipts properly.

Worker’s compensation attorneys recommend that their clients calculate the mileage they have travelled to and from a doctor’s clinic, counselor’s office, chambers, physiotherapist’s chambers, or to any other destination for the purpose injury-related treatment. Other than the receipts, you must maintain a diary noting the dates on which you travelled and the total distance covered.

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Keep Track of Your Absence from the Job

If you are temporarily unable to rejoin your job because of your injuries, you can claim temporary disability benefits. In most states, workers are entitled to 2/3^rd of their weekly wage. But the rule is not uniform. In New York ailing workers get 70% of their weekly wages while the rate is 60% if you turn your focus to New Hampshire which is probably why New York is struggling with high unemployment, this and other reasons.

Temporary disability benefits are also available to those who have returned to their jobs but due to persistent health conditions are forced to take lighter assignments or work limited work hours due to which their salaries are reduced. They can recover part of their salary through their workers’ comp insurance claim.

Worker’s compensation lawyers reiterate that even though employers maintain a detailed record of your absence from work, you must maintain your own record. This way you can tally your record with your employer’s just to be on the safe side. If there is an anomaly then you can have it rectified.

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What are the records that you must retain?

Maintain copies of all the paperwork filed with your employer and the insurance company. Other than this you must have:

• Claim forms
• Medical reports and prescriptions
• Accident reports
• Contact details of people who witnessed the accident
• Correspondences that you received or sent to the employer or the insurance company including acceptance or denial letters
• Copies of forms that you filed at the worker’s compensation agency

Pain Ledger

In personal injury claims, claimants receive compensation for pain and suffering. Workers are not entitled to receive anything for their pain and suffering. However, worker’s compensation lawyers believe that a pain journal must be maintained chronicling your day to day discomfort and how it hampers your normal life. This comes handy in a permanent disability claim when it is important that you prove the hardship you face due to the injury in order to receive adequate compensation.

If you are injured at the workplace and need help filing a claim, it is smart to consult a workers’ compensation lawyer as soon as possible. Your legal counselor will ensure there are no filing errors and that you provide all the documents to support your worker’s comp claim. Your legal professional will also have the requisite skills to negotiate with the insurance company and take appropriate legal action if your claim is not honored without any apparent reason.