If you have filed a workers’ compensation claim and started the workers’ compensation process, you may be wondering about the next step: how to prove your losses and get the compensation that you deserve. This article addresses a few of the things you should consider to make sure that you are gathering the necessary evidence to support your claim.
First, make sure that you keep track of all the communication you have with your employer and your employer’s workers’ compensation insurer regarding your claim. Remember that although you may have a good relationship with your employer and you may feel like they are being helpful and kind during your time of need, it is difficult for any employer to have your true interests at heart. If you are injured on the job through no fault of your own, this can trigger problems for your employer with their insurer and with government agencies responsible for monitoring worker health and safety. Additionally, your employer’s workers’ compensation insurer certainly does not have your best interest at heart; the less they pay you for your claim, the better their bottom line.
Second, keep good records of your medical care. Keep a diary of when you visit the doctor and what treatment you receive. Organize your medical bills and records by date, even if you do not pay anything for your care out of pocket. Make sure to include every bill and record related to your care, including those from your pharmacy, doctors, therapists, psychologists, and even alternative healers such as massage therapists and acupuncturists. Also include records of any costs you pay for parking and transportation to and from your appointments.
Third, keep good records of your time missed from work. Also keep a diary of the time you are out of work for your injury and the days that you take off from work to seek medical treatment related to your injury. Make sure that you submit doctor’s notes to your employer if necessary to account for your absence and that you are keeping your employer aware of why you are out of work.
Finally, consider getting help with your claim from a qualified and competent workers’ compensation attorney in your area. It is not necessary to hire an attorney to represent you at any point in the workers’ compensation process. However, you are definitely allowed to do so and there is no better person to give you advice about how best to gather evidence and pursue your claim. The best workers compensation lawyers Queens, NY has to offer can not only help you with submitting necessary paperwork and supporting documentation for your claim, but they can help you negotiate with your employer’s insurer to make sure that you are getting full compensation for your losses under the law. If necessary, your attorney can also represent you at a workers’ compensation hearing before a magistrate or judge. They will argue on your behalf, using their oral advocacy skills and years’ of experience to reach a fair resolution of your claim.
Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their knowledge about workers comp cases.