If you or a loved one has been injured in a machinery accident at work, you may be entitled to financial compensation through the workers' compensation system. Navigating the claims process can be confusing and overwhelming, especially when dealing with an injury's physical and emotional effects.
That's where we come in. Our goal is to provide you with the information and guidance you need to successfully file a machinery accident workers' compensation claim and get the benefits you deserve.
Here, we discuss the step-by-step guide to the claims process and tips on increasing your chances of a successful outcome. We will also discuss the role of an attorney in machinery accident workers' compensation claims and why it may be in your best interest to have legal representation.
REPORT THE ACCIDENT
If you get involved in a machinery accident at your workplace, you should report it to your employer as soon as possible. Reporting the accident to your employer can help ensure that you receive the necessary medical treatment and can also help document your injuries for your workers' compensation claim.
Wisconsin law requires you to report an accident to your employer within 30 days. You must do so to ensure your ability to file for a workers' compensation claim, or you may receive a reduced award. Reporting can also help preserve evidence that may be relevant to your claim. This may include witness statements, photographs of the accident scene, or documentation of the faulty machinery.
Follow these steps to report a machinery accident to your employer:
- Inform your supervisor or HR representative about the accident as soon as possible, either in person or by phone.
- Fill out an accident report if your employer has one. Be sure to provide as much detail as possible about the accident, including the date, time, location, and any witnesses.
- Seek medical attention if necessary. Call 911 or go to the emergency room if you are seriously injured. If your injuries are not life-threatening, you may be able to see a company-approved doctor or seek treatment at an urgent care facility.
- Keep copies of any documentation related to the accident, including medical reports, accident reports, and witness statements. This information will be important when you file your workers' compensation claim.
FILE A WORKERS' COMPENSATION CLAIM
After receiving treatment for your injuries, your employer should report the accident to the claims carrier or the company's insurer. Then the insurer will report the claim to the Wisconsin Worker's Compensation Division.
The insurer should compensate you for the incurred medical costs. You should also receive compensation for lost wages if the doctor authorizes more than three work-off days. According to the law, your employer's insurer should issue you a compensation check within 14 days after your machinery accidents claim.
NEGOTIATING A SETTLEMENT
Receiving your worker's compensation claim is not always easy, as the insurer may try to argue that the accident was your fault. In other cases, they may fight to offer you minimum compensation that might not cover the medical costs, lost wages, and emotional trauma you experienced due to the accident.
Bykhovsky Law LLC will help you negotiate your machinery accident claim by representing you in pursuit of compensation for damages. This can include dealing with the employer's insurance company or directly with the employer to reach a settlement agreement.
We will use our legal expertise to advocate for you and work to secure a fair settlement that adequately covers the costs associated with the accident, such as medical expenses, lost wages, and other damages. If necessary, we will litigate the claim in court if we cannot settle it through negotiation.
APPEAL A DENIED CLAIM
Sometimes the court may deny your machinery accident claim. In that case, we will file an appeal and try to win you compensation. Some of the reasons that may lead to a denied claim include the following:
- The court does not deem the accident work-related: For a claim to be approved, you must determine that the work environment or job duties caused the injury.
- The injury is not severe enough to qualify for benefits: Workers' compensation intends to provide financial assistance to workers who cannot work due to a severe injury.
- You failed to report the injury on time: It is important to report an injury as soon as possible to be eligible for workers' compensation benefits.
If the court denies your claim for whatever reason, you have the right to request a hearing to present your case to a judge or hearing officer. Our attorneys at Bykhovsky Law LLC help you navigate the appeals process and represent you at a hearing.
CONTACT A WORKERS' COMPENSATION LAWYER
If you or your loved one has been involved in a machinery accident at the workplace, consult an experienced workers' compensation lawyer. Contact us today and let Bykhovsky Law help fight for your rights.
