How to Document a Workers’ Comp Injury

How to Document a Workers’ Compensation Injury

To document a workers’ compensation injury, you must tell your employer about your injuries as soon as possible. You must complete a form for your employer. If you seek medical attention, you must have your medical care provider complete and submit a form within a certain number of days. You should gather evidence of your injuries and limitations, and you may challenge any unfavorable rulings.

Filing a workers’ compensation claim begins immediately after your injury. Here are the steps to documenting a workers’ compensation injury:

Make a Report to Your Employer and Complete Form C-1

A workers’ compensation claim begins when you tell your employer that you got hurt at work. Nevada Revised Statute 616C.010 requires you to report the injury to your employer “forthwith.” That means right away. By right away, the law means as soon as you realize that you’re hurt, or as soon as you practically can. If death occurs, the deceased party’s representative has only seven days to make a report. In the case of a surviving victim, the report should be made much sooner than seven days later.

You must complete form C-1 and give it to your employer. Form C-1 is titled Notice of Injury or Occupational Disease. The form is only one page long. The form asks for basic information like your name and phone number. It asks you to describe the accident and your injuries. You provide information like whether you miss work because of your injuries and what witnesses you think there might be to the accident. You sign and date the form.

When you report an injury, your employer must provide you with information that explains the procedure for compensation. In addition to completing the form, you should gather any evidence that exists at the scene of the accident. In case you have to contest a ruling on your claim, evidence can be helpful to document the events of the accident. Photographs of the scene, the clothes you’re wearing, and damaged property can all be useful in case you need to appeal a decision in the future.

Seek Medical Treatment and Complete Form C-4

If you need medical care, your employer should have a medical treatment provider that can evaluate your injuries and recommend treatment. When you seek medical care, the medical treatment provider completes form C-4 Employee’s Claim for Compensation/Report of Initial Treatment. The report again contains your basic personal and contact information as well as an area for the care provider to report their findings and diagnosis.

You must seek medical treatment within 90 days of your injury or the day you miss work from the injury. If death occurs, the victim’s representatives have one year to make a report. If you fail to seek medical care in the appropriate time frame, you may lose your right to file a claim.

Why Don’t I Get to Choose My Own Doctor?

Workers’ compensation is a mandatory insurance policy for employers. Your employer’s insurance provider likely has a network of medical care providers that they work with to document claims and provide medical treatment. If you disagree with the findings of the insurance company’s medical provider, you have the opportunity to contest it. Of course, for serious injuries, you should go to the emergency room.

The Medical Provider Files a Report

The person who provides your medical evaluation and care must submit their report within three days of your visit. They send the report to the insurance provider. You and your employer should both receive copies of the medical care provider’s report.

The Employer Files a Report

Your employer must also file a report in compliance with Nevada Revised Statutes 616C.045. The employer has six days after the medical report is complete to submit their report. The employer’s report must be on a prescribed form. An authorized official must sign the form and provide all of the requested information. The form includes a summary of your wages.

The Insurer Makes a Decision

Nevada Revised Statutes 616C.065 says that the insurer has 30 days to accept or deny your claim. They may review all of the information provided. The insurer notifies you and the employer of the results of your claim.

You May Appeal the Insurer’s Decision

If you don’t agree with the insurance company’s decision, you have the right to appeal. You may appeal your claim to the Department of Administration Hearing Division. You have only a limited number of days to demand an appeal. You can submit information to the hearing division and request to be heard before a hearings officer or an appeals officer. If you’re still unsatisfied, you may bring your claim to a state court.

Related: 5 Reasons Your Workers’ Compensation Claim Was Denied

What Documentation Do I Need for a Workers’ Compensation Injury?

Your employer should have the forms that you need to file a workers’ compensation claim. You must notify your employer of your injuries as soon as possible. You must complete one form for your employer and another form when you seek medical treatment. Your medical care provider and your employer must also submit forms. If you wish to appeal the insurance company’s decision, you need to send a claim of appeal to the appropriate agency.

Let Our Workers’ Compensation Injury Attorneys Help You

Were you hurt at work? Our attorneys can help. Our attorneys can help you file the paperwork that you need and document your workers’ compensation injury claim. The time to file a workers’ compensation claim is short. The team of workers’ compensation injury attorneys at Adam S. Kutner & Associates is here to help you document your claim and file a claim for compensation. Our consultations are free and confidential. Contact us today to begin.