If you’ve been injured at work Utah or have developed an illness because of the nature of your work, you are eligible to apply for workers compensation benefits. However, you must act fast. That’s because Utah being a no-fault state allows a limited period to report an injury. If you exceeded the stated deadline, the chances of you getting workers comp are slim.
Per law, every employer should provide comprehensive workers compensation coverage for their employees in the State of Utah. The Utah Department of Insurance set up a premium rate modifiable according to the risks of particular occupations. It is also adjusted based on the claims history of the employer for work-related injury or illnesses.
If you’re saying “I was injured at work in Utah,” you must understand that the injury you sustained occurred while you are performing your duty at work. It should have also occurred within working hours. This means that if you’re on your way to work or that you’re on your lunch break when the accident occurred, you are not entitled to the workers comp.
Additionally, because Utah is a no-fault state, suing your employer is not allowed provided that he or she is taking responsibility by paying for the medical bills, the disability, rehabilitation, and the death benefits.
Without a lawyer to help you, applying for a workers comp benefit could be intimidating. For one, not all injuries should be a result of an accident before you can avail of the benefits allowed for by the workers compensation coverage.
The following is a list of the steps to take to get the workers comp benefits you need and deserve.
The first thing you should do after you obtained an injury at work is to report it to your boss. In Utah, you have 180 days to report your injury to avoid any negative consequences that will affect your claims. Bear in mind that if you need money ASAP to cover for your medical bills, you should file the report sooner. Insurance companies are most likely going to approve your claims faster if they’re filed sooner.
The employer has seven days to report your claim. He or she must fill up Form 122e or the Employers’ First Report of Injury or Illness and then send it to the insurance company.
On the onset of an injury, you don’t have the freedom to choose which doctor or what hospital you want to receive treatment from. It’s your employer’s choice provided that they send a notice of a PPO or a Preferred Provider Organization. If they didn’t give you this notice, you are free to choose.
During the first appointment with the doctor, you must give all the details as to how you’ve been injured and why they are work-related. Your doctor must then fill up a form within seven days that details the physiological and even mental health effects of the injury. You can request a copy of the form because this is your golden ticket to the workers comp benefits.
The insurance company will then have 21 days to report the injury to the Industrial accidents Division. A copy of Form 122e should also be handed to you. This is the period that insurance companies use to assess your claim thoroughly. They will judge whether you’re eligible for the claim you’re filing or not, or if they need to conduct further investigation. If they go for the latter, they have another 24 days per Utah laws to arrive at a decision.
At this point, you may file your claim to the insurance company. Now you’ve entered the waiting game and you must be patient regardless of the graveness of your medical condition.
If it’s denied, you can appeal to the Utah Labor Commission, which requires you to fill out another form. The commission will give your employer 30 days to reply to the appeal.
If by this point, the parties can’t enter into an agreement and that reconciliation is absent, you may take the matter into court. You can also proceed to a trial. Additionally, you may represent yourself. However, based on statistics, that is just not a good idea.
However, if you want a peaceful and stress-free approach, you can negotiate a favorable settlement. Choose the fair amount that covers all the expenses incurred right after the accident. You must also include future expenses and lost wages. Additionally, you must also consider the deductions such as taxes, medicare advances, unpaid child support, and the likes.
The whole process for a workers compensation claim can be intimidating, which is why hiring an attorney is always the best option. You can do so at the very beginning or you may choose to hire their legal services when you’re up for the negotiation. Either way, having a lawyer on your side increases your chances of getting a fair workers comp.
If you live in Utah and you need reliable attorneys to work on your compensation case, contact Davis and Sanchez PLLC now. The firm’s 20 years experience makes their attorneys the most credible to handle workers compensation cases. Call them now at (801) 746-0290 or (208) 258-700, or visit them at 655 E 4500 S #120 Murray, UT 84107 or 4696 W Overland Road, Suite 162 Boise, ID 83705 and get a free case evaluation.
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