When workers sustain an injury on the job, they may need to receive workers’ compensation benefits. According to the Department of Labor and Workforce Development, workers should speak to their supervisors when they sustain an injury. Many workers may need medical care and they should discuss treatment with their employer.
Once employers learn about the injury, they have to speak to their insurance company. The insurance company determines whether workers are eligible for workers’ compensation and provides the benefits people need as they recover. However, if an employer does not want to provide benefits, people need to know what to do.
How to manage disputes
Sometimes employers may decide that an injured worker does not qualify for workers’ compensation. The Department of Labor and Workforce Development says that in this situation, people may need to file a claim. People can file either an informal or a formal claim. The key difference is that an informal claim does not involve litigation. If workers choose this option, they and their employers may have a meeting with the judge to discuss the situation. A judge may give advice but people can disregard it if they do not feel it is a good solution.
If people file a formal claim, it may take longer for them to resolve the situation. They may not have their first hearing for six months after they file the claim. However, this step may be necessary if workers and their employers cannot come to an agreement.
When to file a claim
If an employer does not agree to provide workers’ compensation, people should not wait to file a claim. They usually need to file a claim within two years after sustaining their injury.