How to File a Workers’ Compensation Claim in UtahRequest Free Consultation
Experiencing a workplace injury can be overwhelming, leaving you unsure of the next steps. In Utah, workers’ compensation insurance provides essential support to injured workers, allocating benefits to help pay for medical care, wage replacement, and even long-term disability.
However, navigating the claim process can be challenging. The St. George personal injury attorneys of We Win Injury Law are here to help teach you the steps involved in the process, which can help you avoid common pitfalls and increase your chances of recovering the benefits that you deserve.
Step #1: Obtain Medical Treatment
If you suffer a workplace injury, seek immediate medical attention. The severity of injuries can sometimes be deceptive, and a professional medical evaluation can help you prevent dangerous complications. Additionally, seeking treatment creates a record of the accident that you can use as evidence later
In Utah, employers often have preferred medical providers, so ask your employer about where to seek treatment. You’re required to visit the doctor recommended by your employer at least once. After this initial visit, you have the flexibility to change your doctor once if needed. Any further changes either require a referral from your current doctor or approval from the workers’ compensation carrier
Step #2: Report Your Injury to Your Employer
Another important step is to inform your employer about your injury as soon as possible. Utah’s workers’ compensation laws require you to notify your employer within 180 days of the injury, but the sooner, the better. Delayed reporting could lead to skepticism from insurance companies and your employer, potentially jeopardizing your claim.
Step #3: Your Employer Reports the Injury to Their Insurer
After being notified about your injury, your employer is responsible for reporting the incident to their insurance provider. This step usually occurs within the first week after you report your injury. Your employer might ask for documentation to assist with their report. They are also required to inform Utah’s workers’ compensation division about the incident.
Step #4: The Insurance Company Will Issue the Decision
Once the insurance company receives your employer’s report, it will review your claim, which includes examining your medical records, employment history, and wages. The company may also conduct an assessment of your work capabilities
Your employer’s insurer has 21 days, extendable to 45 days in some cases, to approve or deny your claim. If your claim is approved, you can receive various benefits based on your situation, such as wage loss payments, medical care coverage, disability compensation, or in unfortunate cases, death benefits. In the case there was a death, contact a St. George wrongful death lawyer to learn more about your case, as wrongful death claims can become complicated.
Step #5: If Necessary, Appeal the Insurer’s Decision
Unfortunately, not all Utah workers’ compensation claims are successful. If your claim is denied, and you believe this decision is incorrect, you have the right to appeal. This process involves filing an Application for Hearing with the Utah Labor Commission. During this hearing, you have the opportunity to present evidence to contest the decision and prove your right to the benefits you are entitled to receive.
Speak to a Utah Workers’ Compensation Lawyer Today
Workers’ compensation claims are complex and fraught with potential pitfalls. If you feel unsure or overwhelmed, it’s vital to seek legal guidance. A workers’ compensation lawyer in St. George can help you navigate the process, providing the guidance, support, and representation that you need. After seeking medical care, contact an attorney as soon as possible and take your first steps toward recovering the benefits that you deserve.