Small business: workers compensation law by GotTrouble.com

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Claim procedure

First, the employee should tell you about the injury. Depending on your state's laws, the employee probably has to notify you about the injury within a certain time limit. If you finds out about the injury some other way (maybe the supervisor even knew about it when it happened), then the worker might be covered.

After you learn about your employee's injury, you should tell the employee to file a formal workers' compensation claim form with you, or with your workers' compensation insurance company, or even with the state. Once the worker files that claim, the employee will then "enter the workers' compensation system." Workers' compensation systems differ from state to state and can be very complicated. That's why you should obtain help from your workers' compensation insurance company or an attorney to help you with your response to the workers' compensation claim.

Responding to the claim
Appealing a claim to the state agency
Will there be a hearing on the appeal?
What benefits are provided by Workers' Compensation?
Lawsuits
Retaliation

Responding to the claim

If you (or, usually, your workers' compensation insurance carrier) challenge the claim for workers' compensation, the employee must prove the injury and that the injury was at least partly caused by the job. The employee probably will submit a report from a doctor that supports the employee's case. You or your workers' compensation insurance company might ask the employee to get a second opinion from another doctor (who might be chosen by the company). If the two doctors don't agree, you might be able to get a third doctor to be a "tie breaker."

Depending on your state's workers' compensation laws, it is possible that your state's workers' compensation agency will not become involved in the dispute until after the employee has appealed the case to that state agency.

Appealing a claim to the state agency

If you or your insurance carrier ultimately denies the employee's claim, the employee probably has the right to appeal to the local state agency that handles workers' compensation appeals.

Depending on your state's laws, the employee probably has to appeal the claim within a certain time limit.

Will there be a hearing on the appeal?

There probably will be, unless the employee and you (or your insurance company) are able to settle the claim before the hearing. Hearings differ from state to state, so you should talk to your insurance carrier or an attorney if you have to go to a hearing to respond to the claim.