WHAT IS WORKER'S COMPENSATION?
Worker's compensation is the benefits paid to an injured worker when they get hurt on the job. It is meant to protect the rights and benefits of injured workers, as well as to protect employers from lawsuits stemming from work related injuries. Worker's comp claims are supposed to be handled promptly through an administrative process, but since money is involved, it is sometimes necessary to go to court.
When should I report a workplace injury?
It is best to report a workplace injury that results from an industrial accident as soon as possible. In Utah, you must report your injury within 180 days in order to qualify for Workers Compensation Benefits. Your injury should be reported to your immediate supervisor, a manager or the HR department, and the Utah Labor Commission. After reporting your injury, reach out to us at 435-592-1235 for a free consultation to learn more about what steps you need to take in order to qualify for the most benefits possible.
Click here to watch a YouTube video by Tim explaining more about reporting workplace accidents.
When should I call a lawyer?
Just because someone gets hurt at work doesn't mean they will need to hire an attorney. However, legal advice in any insurance claim is invaluable to receiving the most benefits possible. Insurance adjusters are often more concerned with saving the insurance company money than paying out benefits as required by law. Since the insurance adjusters will be looking for reasons to minimize benefits as soon as they receive your claim, it is important to contact an attorney soon after your work injury is reported so you can be fully informed. For this reason, Tim Daniels Law Services offers a free initial consultation. You can get experienced legal advice right from the start without worrying about the pressure of hiring a lawyer right away. You can reach Tim at 435-592-1235 and ask for a free initial consultation.
Tim will often provide multiple phone consultations to determine if you have a good case and if you will need further help and representation. If you decide to hire Tim, he will provide an attorney-client engagement letter or "fee agreement." In workers' compensation cases, fees are typically "contingent," meaning Tim will receive a percentage of the benefits he helps you earn rather than receiving a set amount or being paid hourly. With Tim's experience and abilities, your settlement will likely be much more by hiring an attorney than not, and you will receive more benefits overall even after this contingent fee is deducted.
HOW TO REPORT AN ACCIDENT
First, immediately inform your supervisor of the injury. You may lose your rights if you do not report your work-related injury or illness within 180 days.
Then ask your employer where you should go for treatment. If your employer has a designated clinician, go there right away for treatment. If you don't have a designated clinician, go to a doctor of your choice. Tell the doctor how, when and where the
accident occurred . The doctor will fill out the doctor's initial report form. You should receive a copy of the report and copies are sent to the insurance company and the Labor Commission within seven (7) days of your visit to the doctor.
Finally, your employer will fill out the employer's initial report form. You should receive a copy of the report and a copy is sent to the insurance company within seven (7) days. The insurance company is responsible for reporting to the Labor Commission.