Social Security Disability
Veteran's Benefits
Insurance Based Disability
(Non Social Security, ERISA)
What is the filing process?
The first step in the filing process for a typical workers' compensation claim is to file an employee claim form report of the incident. This should be filed as soon as the injury occurs. Your employer will then file the report with the private insurer that provides coverage for your company. Depending on your state of residence or employment, the form varies. Each state has a specific form and process. Furthermore, some state workers' compensation boards require that the form be filed directly with the board.

Either the review board or the insurance company will review your initial claim. You will typically be asked to undergo an independent medical examination (IME) with a doctor that is chosen by the insurance company. The results of this exam are given to the insurance company, and are used to determine its compensation offer.

Should the claim be approved, your benefit payments will begin shortly after you receive notice of approval. However, initial claims often require further supporting evidence (such as a second medical examination from another doctor), or are denied. Insurance companies sometimes refer to a denied claim as a "controverted" claim. Should your initial claim result in this status, the next step is appeal. You are also able to appeal the compensation decision if you are unhappy with the results and do not feel you are being adequately compensated for the injury, or not receiving authorization to visit needed medical specialists.

The appeal process can be frustrating and time consuming. Each state has a specific process of appeal, yet regardless of the state, the process is best handled with the assistance of a legal professional. Insurance companies have experts that handle disputed claims and they have considerable experience in the workers' compensation process. You are entitled to represent yourself, however, as with any legal proceeding, a legal professional will ensure that you receive the maximum amount of benefit for your disability.

If you have received a denial for your claim, or if an insurance company has controverted your claim, click here for a free consultation and review of your claim.

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