The most important condition that must be met for a workers compensation claim is that the person must have been hurt while actively working and performing some kind of job duties.
Charleston, SC – When a person experiences a workplace injury, there is a system in place that is meant to help them receive most of their normal pay while they recover. This is done through their employer’s workers compensation insurance. However, there are conditions on whether a claim is paid out or not. Workers who have recently been hurt and need help with this process can get legal advice from an attorney who focuses on workers compensation claims in Charleston.
The injury must have occurred at work
The most important condition that must be met for a workers compensation claim is that the person must have been hurt while actively working and performing some kind of job duties. Depending on the particulars of the person’s employment, this may exclude things like a commute to and from work, as well as break time. If the person deviates from their job duties and is engaged in some kind of misconduct when the injury happened, this will not be covered
The administrative process
The worker should report the accident and any related injuries to their employer as soon as possible. There will be an administrative process along with documentation that needs to be filed in order for the claim to be processed properly. The company may also require a drug test, as injuries that occur while the victim was under the influence of drugs or alcohol are normally not covered by the workers compensation system. It is also possible that the worker will have to relay the story regarding where they were when the injury happened, what they were doing, and any other important details so that the employer can conduct their own investigation.
Examination by an independent doctor
Aside from the process of showing when and where the injury happened, the insurance company will normally retain a doctor who will examine the hurt worker. This is to ensure that the person has a legitimate injury and is not faking health problems to game the system, and the doctor will also verify that the injury will affect the person’s ability to work in some way. If there are issues with the examination or the doctor believes that the person is not being honest, it is possible that the claim will be denied and the person will not receive their benefits.
More information about workers compensation
The Clekis Law Firm has significant experience with the workers compensation process and helping people who were hurt at work. Their attorneys can provide professional advice and guidance throughout the process of a claim.
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