Workers’ compensation is a beneficial feature for employees like you because it provides insurance protection against injury that happens in the course of employment. It is an assurance for you as an employee that your employer is in-charge when something happens to you while doing your job. However, this insurance can add to your burden if you don’t know the process of getting your disability claim. It is then important that you know the deadlines you need to meet to get your claim.
Involved Parties in the Process
When getting your disability claim, the responsible parties you need to interact with are your employer and the insurer. You need to know about how you can discuss with them the important things to take care of when going through the process. You might also need the service of a Denver workers compensation lawyer if you think you will have a hard time interacting with them.
Initial Steps to Be Done
When an accident happens and a worker is injured, the employer needs to make a report about the fatal injuries to the Division immediately. Failure to do it might delay the process so the employer should be responsible in doing this task. Within 4 days after the employer’s report is submitted, the injured employee should also submit a written report about the injury to his employer. The employer will then report all the injuries to the insurer within 10 days.
The insurer has 20 days to assess all the reports of the employer and make decisions about the claim. The insurer can either accept or deny the claim depending on the incident and the reports of the employer. In case of denial, a Notice of Contest will be released and the injured employee can file an Application for an Expedited Hearing within 45 days.
There are cases where filing for Division IME to dispute MMI or whole person impairment and filing for a hearing on any other issue are opposed by the injured employee. The injured employee can object to Final Admission of Liability within 30 days. If in 6 months no action to prosecute the claim happens after the injured employee objects to a Final Admission of Liability, the insurer may request the Division’s Director to close the claim.
The whole process of getting disability claim is indeed laborious. It will take a long time if there are unsettled conditions about the claim or worse, the claim may be closed. It is recommended to consult a Denver disability lawyer or Greeley workers compensation lawyer when going through the process because problems you can encounter in the process are too hard to win. A counsel will be a great help and it will also include assistance regarding the requirements and documents you need to take care of in getting your disability claim.
The process before the acceptance of your request for disability claim could be a very complicated process especially when hearings are needed to be done. Kaplan Morrell can provide you the legal assistance you need throughout the process so contact us here or give us a call at (866) 356-9898 for your FREE consultation.