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File a claim if injured on the job.

If you’re injured on the job, you need to file a claim. It is extremely important that you establish that claim. People worry about being fired. You cannot be fired for filing a workers’ compensation claim.

Inform your employer and see a doctor.

Immediately report your injury to your employer. There is a form that will be filled out. Then you should see a doctor, and follow her advice. If told to be off work, you should remain off work. If told to work light duty, then you should seek light-duty employment with your employer. If they have no light-duty work available to you, then you’d be entitled to disability benefits based on your average monthly wage at the time of your injury.

Keep an eye out for your claim status.

Once your claim is filed, your insurance company will issue a notice of claim status. The time limits for action are very short; if you don’t protest denials in time, you waive your rights for benefits.

Talk with an attorney if your claim is denied

When you seek counsel and request a hearing, your case will be assigned to an administrative law judge at the Industrial Commission. You will need an attorney to help you with subpoena requests and discovery, including interrogatories and depositions.

Pay attention to:

  • Average Monthly Wage Calculations

    The Industrial Commission will issue a notice based on your wages. It’s important that those wages are calculated correctly, because any benefits paid to you are based on those calculations.

  • Petitions to Reopen

    If you have an established claim, you always have the ability to petition to reopen if you have new, additional, or previously undiscovered conditions related to that injury.

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I would highly recommend Brig for legal representation. He represented us in a case that seemed like David vs. Goliath. It was very paperwork and motion intensive, and Brig handled everything very professionally and was always on task. He was fantastic representing us in the courtroom and was very prepared. He always responded to us quickly and professionally, made good arguments, and we would absolutely use him again in the future.

Cluff Injury Lawyers
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