In West Virginia, federal laws dictate the steps for managing a workplace injury. According to the laws, employers are required to acquire workers’ compensation coverage to assist workers after an injury. The insurance provides the workers with payments for their medical treatment and monetary benefits. An attorney helps the employees after a workplace injury in Martinsburg, WV.
The Workers’ Compensation Claim
The workers’ compensation claim must be filed within thirty days of the injury. The doctor who provides treatment must present the medical report within ten days of providing medical care. The total claim must be sent to the insurance provider to process, and must include all details of the incident, accident, or risk that caused the worker’s injuries.
The Role of the Claim’s Adjuster
The claim’s adjuster is responsible for reviewing the claim and comparing it to the terms of the policy. The adjuster must determine first if the injury qualifies for coverage under the policy. The duration of time needed to recover from the injuries also defines whether or not the worker receives monetary benefits. They must also review certain factors that could disqualify the worker.
Factors That Lead to a Denial
The worker must follow all policies presented by the company. This includes wearing adequate work gear throughout the property such as footwear to prevent falls and protective clothing required for high-risk areas. The worker must also pass a drug and alcohol assessment when they acquire medical care.
Filing a Lawsuit After a Denial
A lawsuit is filed when the employer or insurer denies a claim that qualified for benefits. The attorney acquires evidence for the worker to support their claim. This includes medical records and details about their recovery requirements. If the condition is a permanent disability, they may be entitled to lifetime benefits.
In West Virginia, federal laws protect all workers. Under the laws, employers cannot deny coverage for a work-related injury. All workers who are injured due to OSHA violations or other conditions in the workplace have the legal right to file a workers’ compensation claim. Workers who have a workplace injury in Martinsburg, WV can contact Sherman Law Firm today.