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Accidents happen every day, even while people are on the clock. If you do get injured while at work, it is important that you take action immediately to start documenting your injury. Here are 8 tips on how to maximize your worker’s comp settlement.

  1. Tell your employer as soon as possible. The top two reasons people’s worker’s compensation claims are denied are due to 1) a failure to notify the employer and 2) not filing a claim. Report your injury to your employer immediately and file your worker’s comp claim.
  2. Go to the doctor. Delaying treatment can give your insurance a reason to lower your settlement or deny your claim. Get medical attention for your injury and document all of your visits.
  3. Be careful what you tell the doctor. When you go to your doctor, make sure to tell them all of the details about your injury and how it happened. Absolutely don’t minimize your pain or suffering, but be honest and stick to the facts. Mention all disabling symptoms that have occurred since the incident so that your doctor will document them in the medical report. The insurance agency will look at this report to determine whether or not you are eligible for disability benefits.
  4. Understand the different disability classifications. There are essentially four different categories used to define your level of disability. They are as follows:
    • Temporary Total. The employee’s injuries disable them from work duties for a short period of time. 
    • Temporary Partial. The employee’s injuries disable them from resuming normal work duties at their full capacity for a short period of time.
    • Permanent Total. The employee has experienced a permanent injury that will not go away, preventing the worker from earning future income doing the same type of work. 
    • Permanent Partial. The employee has a permanent injury that prevents them from earning as much money as they did before they were injured. 
  5. Take advantage of your disability benefits. People with disabilities are eligible for weekly benefits that are a set percentage of your previous earnings. Make sure you are being paid fairly by considering any overtime work or side hustles you have done.
  6. Keep a record of everything. Take note of all of the details of your injury and keep all documented proof of your injury. This may be used by your attorney to get the most compensation. Out-of-pocket expenses such as medical visits, gas, and parking lot fees can all be reimbursed so keep track of these bills as well.
  7. Be ready for an IME. An Independent Medical Exam (IME) is performed by your employer’s insurance company’s doctor. Don’t refuse this exam, as you may have your benefits denied for doing so.
  8. Be careful what you tell the insurance company. The insurance company may call you to ask you to explain how the injury occurred and record you to see if there are any discrepancies. You don’t have to speak with them, and if you have an attorney, say that you are going to speak with them first. The attorney will then help you deal with the insurance company and get the best settlement possible for you. 

If you have been injured on the job, it is time to turn to an experienced work injury lawyer. Contact Kaiman & Crahan today by reaching us online or by calling us at 502-771-0741.

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